collective bargaining agreement for educational and ... · be entitled to a 15 minute rest period...

COLLECTIVE BARGAINING AGREEMENT

FOR

EDUCATIONAL AND CULTURAL EMPLOYEES

BETWEEN THE

COMMONWEALTH OF PENNSYLVANIA

AND THE

FEDERATION OF STATE CULTURAL

AND

EDUCATIONAL PROFESSIONALS

LOCAL 2382

American Federation of Teachers Pennsylvania

AFL-CIO

July 1, 2019 to June 30, 2023

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TABLE OF CONTENTS

Page

PREAMBLE 3

ARTICLE 1, RECOGNITION 3

ARTICLE 2, DUES DEDUCTION 3

ARTICLE 3, HOURS OF WORK 5

ARTICLE 4, REST PERIODS 6

ARTICLE 5, MEAL PERIODS 7

ARTICLE 6, HOLIDAYS 7

ARTICLE 7, LEAVE DONATION PROGRAM 10

ARTICLE 8, ANNUAL LEAVE 13

ARTICLE 9, SICK LEAVE AND BEREAVEMENT LEAVE 17

ARTICLE 10, LEAVES OF ABSENCE 21

ARTICLE 11, LEAVES OF ABSENCE WITHOUT PAY 21

ARTICLE 12, CIVIL LEAVE 23

ARTICLE 13, PROFESSIONAL DEVELOPMENT 24

ARTICLE 14, MILITARY LEAVE 25

ARTICLE 15, FAMILY AND MEDICAL LEAVE ACT (FMLA) LEAVE 29

ARTICLE 16, SALARIES AND WAGES 34

ARTICLE 17, OVERTIME 36

ARTICLE 18, SHIFT DIFFERENTIAL 38

ARTICLE 19, HEALTH BENEFITS 39

ARTICLE 20, LIFE INSURANCE 48

ARTICLE 21, FEDERATION BUSINESS 49

ARTICLE 22, GRIEVANCES AND ARBITRATION 50

ARTICLE 23, TRAVEL EXPENSES 53

ARTICLE 24, SENIORITY 54

ARTICLE 25, POSTING OF VACANCIES 62

ARTICLE 26, PERSONNEL RECORDS 63

ARTICLE 27, UNEMPLOYMENT COMPENSATION 64

ARTICLE 28, HEALTH AND SAFETY 64

ARTICLE 29, SPECIAL AND PART-TIME EMPLOYEES 65

ARTICLE 30, WORK-RELATED INJURIES 65

ARTICLE 31, MANAGEMENT RIGHTS 68

ARTICLE 32, CONSULTATION 69

ARTICLE 33, EQUAL EMPLOYMENT OPPORTUNITY 69

ARTICLE 34, CLASSIFICATION 70

ARTICLE 35, DISCHARGE, DEMOTION, SUSPENSION AND DISCIPLINE 73

ARTICLE 36, NON-DISCRIMINATION 74

ARTICLE 37, PEACE AND STABILITY 74

ARTICLE 38, PROFESSIONAL STATUS 75

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ARTICLE 39, MISCELLANEOUS PROVISIONS 76

ARTICLE 40, TREATMENT OF EMPLOYEES 77

ARTICLE 41, PRESERVATION OF BARGAINING UNIT WORK 77

ARTICLE 42, COMMITTEE ON POLITICAL EDUCATION DEDUCTIONS 79

ARTICLE 43, TERMINATION 80

APPENDIX A, SALARY SCHEDULE EFFECTIVE JULY 1, 2019 81

APPENDIX B, STANDARD PAY SCHEDULE, EFFECTIVE OCTOBER 1, 2020 85

APPENDIX C, STANDARD PAY SCHEDULE, EFFECTIVE OCTOBER 1, 2021 89

APPENDIX D, STANDARD PAY SCHEDULE, EFFECTIVE OCTOBER 1, 2022 93

APPENDIX E, ORGANIZATIONAL SENIORITY UNITS 97

APPENDIX F, EDUCATIONAL AND CULTURAL UNITS 101

APPENDIX G, EDUCATIONAL AND CULTURAL UNITS 104

APPENDIX H, EDUCATIONAL AND CULTURAL UNITS 107

APPENDIX I, EDUCATIONAL AND CULTURAL UNITS 108

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PREAMBLE

This Agreement, entered into by the Commonwealth of Pennsylvania, hereinafter referred

to as the "Employer", and the Federation of State Cultural and Educational Professionals

(FOSCEP), Local 2382, American Federation of Teachers Pennsylvania, AFT/AFL-CIO,

hereinafter referred to as the "Federation", has as its purpose the promotion of harmonious relations

between the Employer and the Federation, the establishing of an equitable and peaceful procedure

for the resolution of differences; and the establishment of rates of pay, hours of work and other

terms and conditions of employment.

ARTICLE 1

RECOGNITION

The Federation of State Cultural and Educational Professionals (FOSCEP), by the Local

2382, American Federation of Teachers Pennsylvania, AFT/AFL-CIO, is recognized by the

Commonwealth of Pennsylvania as the exclusive representative for collective bargaining purposes

for employees within the unit and classifications established by certification of the Pennsylvania

Labor Relations Board, more specifically referred to as PERA-R-2420-C, dated December 19,

1972, which classifications are amended by PERA-U-3400-C and any further amendments thereto

are contained as of the date of this Agreement in Appendix F, G, H, & I attached hereto and made

a part hereof.

ARTICLE 2

DUES DEDUCTION

Section 1. The Employer agrees to deduct the Federation bi-weekly membership dues from

the pay of those employees who individually request in writing that such deductions be made.

The amount of bi-weekly deductions shall be certified to the Employer in writing by the

Federation, and the aggregate deductions of all employees shall be remitted together with an

itemized statement to the Federation by the last day of the succeeding month after such deductions

are made.

An employee’s dues deduction authorization shall remain in effect until expressly

revoked in writing by the employee in accordance with the terms of the authorization. When it is

determined by FOSCEP that an employee’s payroll dues deductions should cease, the Union

shall be responsible for notifying the Employer. Such notices shall be communicated in writing

and shall include the effective date of the cessation of payroll dues deduction. The Employer

shall rely on the information provided by the Union to cancel or change authorizations.

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Section 2. a. The employee's written authorization for dues payroll deduction shall

contain the employee's name, last four (4) digits of the employee’s social security number, agency

in which employed, work location (institution, district, bureau, etc.), Federation name and local

number.

b. In implementing this Section, the Commonwealth agrees to allow for the

submission of electronic authorizations (including both online and voice authorizations,

should FOSCEP institute such authorization) in addition to paper written authorizations for

deduction from employees' bi-weekly pay of membership dues and an annual assessment, if

any, in accordance with the following terms:

FOSCEP shall document voice authorizations in a written authorization form, created

either electronically or on paper, and shall maintain the original voice recording(s). Any such

recording(s) will be made available to the Commonwealth upon request. Authorizations will

be sent by FOSCEP via email, as PDF attachments, to a Commonwealth Resource Account.

Preferably, individual authorizations should be submitted separately; however, if more than

one authorization is included in the same submission, a summary (e.g., spreadsheet or other

listing) will accompany the submission and enumerate each authorization.

Section 3. If dues are deducted and remitted to the Federation, in accordance with the

procedure specified in Section l above, the Federation shall be solely responsible in the event

anyone claims that the deduction and/or remission was improper.

Section 4. a. The Employer shall supply to a designated Federation representative the

name and work location of new employees who enter the bargaining unit within 30 days of their

assignment. The present practice of supplying the Federation with a listing of employees in this

bargaining unit shall continue. In addition, the Employer shall furnish each new employee with a

copy of this Agreement together with an authorization for dues payroll deductions, provided the

Federation has furnished the Employer with sufficient copies of the Agreement containing the

authorization for dues deduction.

b. FOSCEP shall provide a single point of contact to which the Commonwealth

will provide a timely copy of the written notice confirming an employee’s hire or transfer

into a position represented by FOSCEP.

c. FOSCEP shall be given up to one (1) hour during new employee orientation to

address bargaining/supervisory unit members and distribute materials. The Commonwealth

will provide reasonable written notice of such orientation and will provide FOSCEP with an

electronic list of expected participants in advance of the orientation. FOSCEP may select a

reasonable number of employee representatives from within its bargaining/supervisory units

to attend the orientation during paid work time to participate in FOSCEP’s presentation to

new employees, subject to management’s responsibility to maintain efficient operations.

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d. The Commonwealth shall include a link to a FOSCEP-provided website in

any electronic onboarding that is utilized to orient new employees. Additionally, where the

employee’s only orientation is the electronic onboarding process, FOSCEP shall be given up

to one (1) hour during working hours to provide an in-person presentation comparable to

that provided at in-person orientations under paragraph c., above. The scheduling of this

presentation and release of employees for their voluntary attendance shall be subject to

management’s responsibility to maintain efficient operations.

Section 5. FOSCEP may conduct a meeting of no more than one (1) hour in length with

unit employees at each work site, during the work day, on an annual basis for the purpose of

training/discussion to familiarize employees with the terms of the applicable labor

agreement/memorandum of understanding and to discuss other labor relations issues.

FOSCEP shall not communicate and/or distribute information of a partisan political nature

or that which is detrimental to the labor-management relationship. The scheduling of the

meeting and release of employees for their voluntary attendance will be subject to

management’s responsibility to maintain efficient operations.

ARTICLE 3

HOURS OF WORK

Section 1. The work day shall consist of 7.5 or 8 consecutive work hours, including rest

periods, but excluding non-duty meal periods. The work day for all employees, except librarians,

in all agencies covered by this agreement shall consist of 7.5 or 8 hours within a pre-established

work schedule. The work day shall consist of the calendar day, except for librarians in the

Department of Corrections covered by this agreement. The work day for Department of

Corrections’ librarians shall consist of any twenty four (24) hours in a pre-established work

schedule beginning with the scheduled reporting time for the employee’s shift.

Section 2. The work week shall consist of any five work days beginning on Monday and

ending on Friday, except for librarians in the Division of Library Services, Department of

Education, librarians in the Department of Corrections, librarians in the Department of Human

Services and employees of the Pennsylvania Historical and Museum Commission. The regular

work week for librarians, who are employed in the Division of Library Services, Department of

Education shall consist of five work days during the period Saturday through Friday excluding

Sundays. The work week for librarians in the Department of Corrections, librarians in the

Department of Human Services and employees of the Pennsylvania Historical and Museum

Commission shall consist of any five work days within a consecutive seven calendar day period.

Work schedules for the PHMC employees and librarians employed in the Division of Library

Services, Department of Education, showing their shifts, work days and hours shall be posted on

the applicable bulletin boards. Except for emergencies, changes will be posted 14 days in

advance. Where changes are to be made with less than 14 days notice by the Employer, for other

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than emergency reasons, the Employer agrees to meet and discuss with the Federation prior to

the implementation of such changes.

Section 3. a. The subject of alternative schedules of a work day or work week as defined

by Sections l and 2 of this Article may be discussed by the Federation in any agency where

employees are covered by this Agreement through meet-and-discuss sessions as defined by Section

301 (17) of Act 195 and may apply to any agency, department, commission, bureau, or other

organizational segment thereof.

b. In the event agreement concerning an alternative work schedule is obtained, such

agreement shall be reduced to writing and shall be subject to approval by the Office of

Administration. Any agreement concerning alternative work schedules shall terminate on the

termination date of this Collective Bargaining Agreement.

Section 4. The parties will establish a joint labor management committee to further discuss

during the life of this agreement the concept of telecommuting and its potential associated cost

savings.

ARTICLE 4

REST PERIODS

Section 1. An employee shall be entitled to a 15 minute rest period during each one-half work

shift provided the employee works a minimum of three hours in that one-half shift.

Section 2. Employees who anticipate working at least one hour beyond their regular shift shall

be entitled to a 15 minute rest period before starting such additional work and shall thereafter

receive a 15 minute rest period for each additional two hours of such work unless at the end of

such two hour period their work is completed or unless the employee takes a meal period during or

at the end of the two-hour period. If the employee takes a meal period at the expiration of their

normal work day, then the employee shall thereafter be given a 15 minute rest period for each

additional two hours of such work unless at the end of such two hour period the employee's work is

completed or unless the employee takes a meal period during or at the end of the two hour period.

Section 3. Part-time employees shall be granted a 15 minute rest period during each 3¾ hour

work period.

Section 4. The scheduling of rest periods immediately before or after meal periods is

permissible in institutions in the Department of Corrections and Department of Human Services

where the Federation and the Employer agree to such a practice or where the present practice is to

schedule rest periods in that manner.

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ARTICLE 5

MEAL PERIODS

Section 1. All employees shall be granted a meal period, which period shall fall within the

third to fifth hours of their work shift unless otherwise approved by the Employer or unless

emergencies require a variance. Present practices relating to meal periods for part time

employees shall remain in effect. The meal period shall not exceed one hour in length unless the

employer agrees to a longer meal period.

Section 2. Employees will be allowed a one hour meal period for each two hours worked

beyond their work day. If an employee is required by the Employer to work two or more hours

beyond the normal work day, the Employer shall reimburse the employee for the amount expended

for a meal not to exceed $8.00.

Section 3. An employee who is required to remain on duty during meal periods shall be

compensated for this period at the appropriate rate of pay.

Section 4. If employees are required to work on a holiday or other scheduled day off and work

more than 9.5 hours (for 7.5 hour employees) or 10 hours (for 8 hour employees) on such day and

have not had notice of such work assignment at least two hours before they commenced their work

on that date, the Employer shall furnish a meal or compensate the employee for a meal as provided

for in Section 2 above.

ARTICLE 6

HOLIDAYS

Section 1. The following days shall be recognized as holidays:

New Year’s Day Martin Luther King Jr.’s Birthday

President’s Day Memorial Day

Independence Day Labor Day

Columbus Day Veteran’s Day

Thanksgiving Day Day After Thanksgiving

Christmas Day

The following Monday shall be recognized as a holiday for all holidays occurring on a

Sunday, and the preceding Friday shall be recognized as a holiday for all holidays occurring on a

Saturday. In no event shall an employee be entitled to a duplicate holiday payment.

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Permanent full-time employees working other than a regular Monday through Friday work

week shall be guaranteed the same number of days off with pay equal to the number of paid

holidays received by the employees on a regular Monday through Friday schedule, subject to the

same entitlement requirement.

Section 2. At Thaddeus Stevens College of Technology, the following days shall be

recognized as holidays:

1. New Year's Day

2. Memorial Day

3. Independence Day

4. Labor Day

5. Thanksgiving Day

6. Christmas Day

The remaining five holidays shall be scheduled by the administration of this institution

during the time on the academic schedule when the institution is not at full operation.

The matter of rescheduling minor holidays shall be resolved on a meet and discuss basis

between Thaddeus Stevens College of Technology and the Federation.

An employee shall earn a minor holiday provided the employee was in an active pay status

on the last half of the employee's scheduled work day immediately prior and the first half of the

employee's scheduled work day immediately subsequent to the actual day the minor holiday is

celebrated as provided for in Section 1. An employee who earns a minor holiday and subsequently

terminates employment prior to taking the rescheduled day off with pay, shall be compensated for

such holiday. In the event the earning of a holiday is anticipated and an employee terminates

employment prior to actually earning the anticipated holiday, such employee shall reimburse the

Employer for the holiday taken but not earned.

Payment specified in Section 4 of this Article shall be applicable only if the employee

works on the day on which the minor holiday has been rescheduled.

Section 3. A permanent full-time employee shall be paid for any holiday listed in Section l of this

Article, provided the employee was scheduled to work on that day and if the employee was in an

active pay status on the last half of the employee's scheduled work day immediately prior and the

first half of the employee's scheduled work day immediately subsequent thereto.

Selection of an employee to work a holiday shall be made within an office by seniority as

defined in Article 24 unless management determines specific expertise is needed which would

permit management to select the individual needed without the use of seniority.

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An employee who is on long term leave without pay (longer than one full pay period) and

returns to active pay status on the day immediately prior and immediately subsequent to a

holiday will not be paid for the holiday unless the leave without pay has terminated and the

employee continues in active pay status.

If a holiday is observed while a permanent full-time employee is on sick, annual, or other

paid leave status, the employee will receive holiday pay and the day will not be charged against

sick, annual, or other paid leave credits.

Section 4. If a permanent full-time employee works on any of the holidays set forth in Section

l of this Article except the Day after Thanksgiving, the employee shall be compensated at one and

one-half times the regular rate of pay for all hours worked on said holiday. In addition, the

employee shall receive time off equal to all such hours worked, but not to exceed the number of

hours in the employee's regular work shift. The Employer may, at its discretion, pay an additional

day's compensation in lieu of the compensatory day.

If a permanent full-time employee works on the day after Thanksgiving, the employee shall

be compensated at the employee's regular hourly rate of pay for all hours worked on said holiday.

The employee shall receive paid time off for all hours worked on the day after Thanksgiving up to

a full shift. The Employer, may, at its discretion, pay an additional day's compensation in lieu of

the compensatory day.

If a written request is received prior to or within 45 days after the holiday is worked, paid

time off shall, subject to management's responsibility to maintain efficient operations, be scheduled

and granted as requested by the employee, prior to the holiday or within the 120 calendar day

period succeeding the holiday. If the Employer does not schedule such paid time off in accordance

with the employee's request, or at some other time prior to the completion of the 120 calendar day

period succeeding the holiday, the employee shall be compensated at the employee's regular rate of

pay in lieu of such paid time off.

Section 5. Permanent part-time employees shall receive holidays on a pro-rata basis.

Employees, at the option of the Employer, shall receive either pro-rated paid leave or shall be paid

at their regular hourly rate of pay in lieu of such paid leave.

Permanent part-time employees shall be compensated at one and one-half times their

regular rate of pay for all hours worked on a holiday set forth in Section 1 above except the Day

after Thanksgiving. Permanent part-time employees shall be compensated at their regular hourly

rate of pay for all hours worked on the Day after Thanksgiving.

Section 6. Effective as soon as practically and legally possible, the Commonwealth will

adopt a tax-qualified Leave Payout Plan. All employees who attain age 55 before or during the

calendar year they separate from service after adoption of the Leave Payout Plan shall have the

leave payouts otherwise payable for accumulated and unused Annual Leave, Compensatory

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Leave, Holiday Leave and Sick Leave, up to the maximum allowable by law, deposited in an

account in the employee’s name, provided however that if the total amount of leave payout is

$5000 or less, this amount shall be paid to the employee in cash. Amounts in excess of the

maximum allowable amount will be paid to the employee in cash.

Section 7. Whenever the Employer declares a special holiday or part holiday for all employees

under the Employer's jurisdiction, all permanent employees who are required to work during such

holiday hours shall receive equivalent time off with pay for all hours worked up to the number of

hours in the employee's normal work shift if a full holiday is declared, or up to a pro-rata share of

the normal work shift if a partial holiday is declared.

Section 8. Time worked on holidays during an employee's regular shift shall not be excluded

from hours worked for the purpose of determining eligibility for overtime pay under Section 1 of

Article 17 of this Agreement.

Section 9. There shall be no duplication or pyramiding of any premium pay provided for

under the provisions of this Agreement for the same hours worked.

Section 10. Payment for work on a holiday is to be made on the payday of the first pay period

following the pay period in which the holiday is worked.

ARTICLE 7

LEAVE DONATION PROGRAM

Section 1. Permanent employees may donate annual leave to a designated permanent

employee in the employee’s agency who has used all accrued paid leave and anticipated annual

leave, in accordance with Section 2.g. of this Article, for the current leave calendar year. The

leave is to be used for the recipient’s own catastrophic or severe injury or illness, the catastrophic

or severe injury or illness of a family member, or for absences related to an organ donation by

the recipient. The leave also may be used as bereavement leave if the employee’s family member

dies and the employee has no accrued or anticipated sick leave available, subject to the

limitations in Article 9, Section 6.

Section 2. Recipients

a. Recipients must be permanent employees in bargaining units that have agreed to

participate in this program.

b. Family member is defined as a husband, wife, domestic partner, child, step-child,

foster child or parent of the employee or any other person qualifying as a dependent under IRS

eligibility criteria or the child of the employee’s domestic partner.

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Effective with the beginning of the 2021 leave calendar year, leave donations may not be

used for the catastrophic or severe injury or illness of a domestic partner of an employee or the

child of an employee’s domestic partner.

c. An organ donation, or catastrophic illness or injury that poses a direct threat to

life or to the vital function of major bodily systems or organs, and would cause the employee to

take leave without pay or terminate employment, must be documented on a Family and Medical

Leave Act Serious Health Condition Certification form. Donated leave may not be used for

work-related injuries or illnesses, minor illnesses, injuries, or impairments, sporadic, short-term

recurrences of chronic, non-life threatening conditions, short-term absences due to contagious

diseases, or short-term recurring medical or therapeutic treatments, except for conditions such as

those listed above.

d. An organ donation, and severe illness or injury must also be documented on a

Medical Condition Certification to Receive Leave Donations Form.

e. Organ donation is defined as a living donor giving an organ (kidney) or part of an

organ (liver, lung, or intestine) to be transplanted into another person.

f. The absence due to an organ donation, or the catastrophic or severe illness or

injury of the employee or a family member must be for more than 20 workdays in the current

leave calendar year. The 20-workday absence may be accumulated on an intermittent basis if

properly documented as related to the organ donation or the same catastrophic or severe illness

or injury. Annual, sick (for employee’s own serious health condition), sick family (for the

serious health condition of a family member), holiday, compensatory, or unpaid leave may be

used during the accumulation period. A separate accumulation period must be met for each

organ donation, or catastrophic or severe illness or injury and for each leave calendar year in

which donated leave is used. Donated leave may not be applied to the required 20-workday

accumulation period.

g. All accrued leave must be used as follows before any donation may be received:

(1) For an employee’s organ donation, or own catastrophic or severe injury or

illness, all accrued annual, sick, holiday, and compensatory leave and all

anticipated annual leave for the current leave calendar year must be used.

(2) For the organ donation, catastrophic or severe injury or illness of a family

member, all accrued annual, holiday, and compensatory leave and all anticipated

annual leave for the current leave calendar year must be used. All five days of

sick family leave and any additional sick family leave for which the employee is

eligible must be used.

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h. Up to 12 weeks of donated leave per leave calendar year may be received for all

conditions of the employee and family members cumulatively, but donations may not be received

in more than two consecutive leave calendar years. Donated leave is added to the recipient’s sick

leave balance on a biweekly basis. Recipients do not repay the donor for donated leave. Leave

usage is monitored closely to ensure that donated leave is used only for absences related to organ

donation, catastrophic or severe illness or injury.

i. The recipient’s entitlement to leave under the Family and Medical Leave Act will

be reduced, where applicable, by donated leave that is used. Entitlements to sick leave without pay

(for an employee’s own illness) or family care leave without pay (for a family member’s illness)

will also be reduced.

j. Donated leave may be used on an intermittent basis. However, each absence may

be required to be medically documented as due to the organ donation, or the same catastrophic or

severe illness or injury.

k. An employee is not eligible to receive donations of leave if, during the previous six

months, the employee has been placed on a written leave restriction, or has received a written

reprimand or suspension related to attendance.

l. Donated leave that remains unused once the employee is released by the physician

for full-time work, when the family member’s condition no longer requires the employee’s

absence, or at the end of the leave calendar year, must be returned to the donors in inverse order of

donation. However, if at the end of the year, the absence is expected to continue beyond the

greater of 20 workdays or the amount of annual and sick leave that could be earned and used in the

following leave calendar year, donated leave may be carried into the next year.

Section 3. Donors

a. A donor may voluntarily donate accrued annual and personal leave to an employee

within the donor’s agency who meets the requirements of the Leave Donation Program. Donations

may be made to multiple employees, as long as the minimum donation is made to each employee.

b. Donations must be made in increments of one day (7.5 or 8 hours), but not more

than five days can be donated to any one employee in the same leave calendar year. The donor’s

annual leave balance after donation cannot be less than the equivalent of five workdays of leave

(37.5 or 40.0 hours).

c. The donation is effected by the completion and submission of a Request to Donate

Leave to the agency Human Resource Office. Leave is deducted from the donor’s annual and/or

personal leave balance at the time of donation and transferred to the recipient in order by the date

and time the Request to Donate Leave form is received.

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d. Unused donations are returned to the donor if: the recipient or family member

recovers, dies, or separates before the donor’s leave is used; or if the recipient does not use the

leave by the end of the leave calendar year, and is expected to either return to work within 20

workdays or to have sufficient anticipated annual leave available in the new year to cover the

absence. In accordance with Section 1 above, an employee whose family member dies and who

does not have accrued or anticipated sick leave available, may use donated leave as bereavement

leave, subject to the limitations in Article 9, Section 6.

Section 4. The provisions of this Article are not grievable under Article 22 of this

Agreement.

Section 5. For the purpose of this Article, domestic partner shall be defined as a same sex

domestic partner who meets the eligibility criteria established by the Commonwealth.

Section 6. Notwithstanding the requirements in Sections 1 and 3 of this Article that annual

leave donations be from a permanent employee in the employee’s agency, in the event that an

employee does not receive sufficient donations from employees within the employee’s own

agency, the employee needing donations will be permitted to seek donations from permanent

employees in other agencies under the Governor’s jurisdiction within a reasonable geographic

distance, through the requesting employee’s designated local Human Resource contact. An

exception to the reasonable geographic distance limitation will be allowed for relatives of the

employee who wish to make donations.

ARTICLE 8

ANNUAL LEAVE

Section 1. a. Employees shall be eligible for annual leave after 30 calendar days of

service with the Employer in accordance with the following schedule:

Leave Service Credit Maximum Annual Leave

(Includes all periods of Entitlement Per Year

Commonwealth Service)

Up to 3 Years:

Annual Leave will be 37.5 Hr. Workweek: 82.5 Hrs. (11 days)

Earned at the rate of 40 Hr. Workweek: 88 Hrs. (11 days)

4.24% of all Regular

Hours Paid

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Over 3 Years to 15 Years Inclusive:

Annual Leave will be 37.5 Hr. Workweek: 142.5 Hrs. (19 days)



Hours Paid

Over 15 Years:

Annual Leave will be 37.5 Hr. Workweek: 180 Hrs. (24 days)



Hours Paid

b. Employees hired before July 1, 2011 with over 25 years of Commonwealth

service are eligible to earn annual leave in accordance with the following schedule.

Over 25 Years:

Annual Leave will be 37.5 Hr. Workweek: 225 Hrs. (30 days)



Hours Paid

c. Regular hours paid as used in this Article include all hours paid except overtime,

standby time, call-time, and full-time out-service training.

d. Employees shall be credited with a year of service for each 26 pay periods

completed in an active pay status, provided they were paid a minimum of one hour in each pay

period.

e. Employees may be eligible for up to one additional annual leave day to be earned at

the beginning of the next leave calendar year provided the requirements of Article 9, Section 14 are

met.

Section 2. Vacation pay shall not be less than the employee's regular straight time rate of pay

which shall include any increments and pay increases which occur during the vacation period.

Section 3. a. Vacations shall be granted at the time requested by the employee subject to

management's responsibility to maintain efficient operations. If the nature of the work makes it

necessary to limit the number of employees on vacation at the same time, the employee with the

greatest seniority (as defined in Article 24, Section 1) shall be given a choice of vacation period in

the event of any conflict in selection.

b. Requests for up to four days per year of emergency annual leave shall not be

unreasonably denied with the understanding that an employee may be required to substantiate the

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emergency nature of the request and that further, it may be necessary, in order to accommodate the

emergency, to reschedule requests of other employees for holiday, compensatory and/or annual

leave not scheduled during the selection period.

c. Requests for a full day (7.5 or 8 hours) of unscheduled, extraordinary annual leave

will be reviewed for approval. Employees will not be required to substantiate the need for the

extraordinary absence; however, absence requests may be denied if such absence would create

significant or serious operational impacts. Unscheduled, extraordinary annual leave is limited to

two days per calendar year (15.0 or 16.0 hours), and the first two days of such unscheduled

absences will be recorded as extraordinary annual leave and be deducted from the four days of

emergency annual leave permitted in subsection b. above.

An employee on an alternate work schedule may request and receive approval for

extraordinary annual leave for a workday other than a 7.5 or 8 hours shift. In such instance, the

entire shift shall be considered as extraordinary annual leave as long as the employee has a

sufficient number of hours in his/her 15.0 or 16.0 hour allotment to cover the absence. Use of

extraordinary annual leave on workdays for which there is an insufficient number of hours in the

allotment to cover the full alternate work schedule shift will be limited to the available number of

such hours.

Section 4. Employees separated from the service of the Employer for any reason prior to

taking their vacation, shall be compensated in a lump sum for the unused vacation they have

accumulated up to the time of separation.









Section 6. Unused annual leave shall be carried over from one calendar year to the next

provided that in no case shall the amount thus carried over exceed 45 days (337.5 or 360 hours).

However, employees will be permitted to carry over annual leave in excess of the forty-five day

limit into the first seven (7) pay periods of the next calendar year. Any days carried over in

accordance with this Section which are not scheduled and used during the first seven (7) pay periods

of the next calendar year will be converted to sick leave, subject to the 300 day limitation contained

in Article 9, Section 2. Scheduling of those days carried over shall be in accordance with Section 3

above.

16

Section 7. Employees who become ill during their vacation will not be charged annual leave

for the period of illness provided they furnish satisfactory proof of such illness to the Employer

upon their return to work.

Section 8. Employees will not be charged annual leave if during their vacation they are

eligible for civil leave or military leave with pay.

Section 9. The provisions of Sections 1 and 2 of this Article shall not apply to temporary

employees unless such employees have worked 750 regular hours by the end of the last full pay

period in each calendar year. It is understood that this Section does not apply to furloughed

employees who, during their recall period, return to the Employer's payroll in a temporary

capacity.

Section 10. Permanent employees who have one or more years of service since their last date of

hire may anticipate annual leave to which they become entitled during the then current calendar

year unless the Employer has reason to believe that the employee has been abusing the leave

privileges. Permanent employees with less than one year of service may, at the Employer’s

discretion, anticipate up to one day (7.5 or 8.0 hours) of annual leave before it is earned. An

employee who is permitted to anticipate such leave and who subsequently terminates employment

shall reimburse the Employer for leave used but not earned.

Section 11. An employee who is furloughed and is not employed in another position within 14

calendar days of the effective date of the furlough will receive a lump sum payment for all earned,

unused annual leave unless the employee requests in writing before the end of the 14 calendar days

to freeze all earned, unused annual leave. An employee may subsequently change a decision to

freeze the earned, unused annual leave by submitting a written request for a lump sum payment for

the annual leave. Payment will be made within 35 days of the date on which the request is

received by the Employer, and will be at the rate of pay in effect on the last day of active

employment prior to the date of furlough.

If the employee is reemployed during the furlough recall period, annual leave which was

frozen will be reinstated. However, if payment was made for annual leave, the employee may not

buy it back if reemployed. If the employee is not reemployed prior to the expiration of the

furlough recall period, the employee shall be paid off in lump sum for all frozen earned, unused

annual leave at the rate of pay in effect on the last day of active employment prior to the date of

furlough.

Section 12. For the purpose of this Article, the calendar year shall be defined as beginning with

the employee's first full pay period commencing on or after January 1 and continuing through the

end of the employee's pay period that includes December 31.

Section 13. Employees on leave without pay to attend official Federation conventions or

conferences in accordance with Article 11, Section 6 shall have that time included in regular hours

17

paid for purposes of earning annual leave entitlement and credited service under Section 1 of this

Article.

ARTICLE 9

SICK LEAVE AND BEREAVEMENT LEAVE

Section 1. a. Employees shall be eligible to use paid sick leave after 30 calendar days of

service with the Employer. Employees shall earn sick leave as of their date of hire in accordance

with the following schedule:

Maximum Sick Leave

Entitlement Per Year

Sick Leave will be 37.5 Hr. Workweek: 82.5 Hrs. (11 days)

earned at the rate of 40 Hr. Workweek: 88 Hrs. (11 days)


Hours Paid

b. Regular Hours Paid as used in this Article include all hours paid except overtime,

standby time, call-time, and full-time out-service training.

Section 2. Employees shall earn sick leave from their date of hire and will accumulate sick

leave up to a maximum of 300 days (2250 or 2400 hours).

Section 3. A doctor's certificate may be required for an absence from work due to sickness

for three or more consecutive days. For absences of less than three days, a doctor's certificate

may be required where the Employer has reasonable grounds to believe that the employee has

been abusing sick leave privileges. Discipline based upon patterns of sick leave use will be

treated under the basic concepts of just cause.

Section 4. Employees may use not more than five days of sick leave, in any calendar year,

where sickness in the immediate family requires the employee's absence from work. Immediate

family for the purpose of this Section is defined as husband, wife, domestic partner, child, step-

child, foster child, brother, sister, parent, grandchild or step-parent of the employee or child of

the employee’s domestic partner. The Employer may require proof of such family sickness in

accordance with Section 3 above.

Effective with the beginning of the 2021 leave calendar year, domestic partner and the

child of the employee’s domestic partner will no longer be considered as immediate family for

the purposes of this Section.

18

Section 5. Where a family member’s serious health condition requires the employee’s absence

from work beyond 20 days (150/160 hours as applicable) in a calendar year, permanent

employees with at least one year of service may use accrued sick leave, in addition to that

provided by Section 4 above.

a. Employees who meet the eligibility criteria in b. through e. below may use

accrued sick leave in accordance with the following schedule:

Leave Service Credit Sick Family Allowance

Over 1 year to 3 years Up to 52.5/56 additional hours (7 days)

Over 3 years to 15 years Up to 112.5/120 additional hours (15 days)

Over 15 years to 25 years Up to 150/160 additional hours (20 days)

Over 25 years Up to 195/208 additional hours (26 days)

b. During the initial 20 days (150/160 hours) of absence, paid annual leave and/or

unpaid leave shall be used and may include leave provided under Section 4 above. The additional

sick family leave allowance must be used prospectively, and may not be retroactively charged for

any of the initial 20 days (150/160 hours). A separate 20 day (150/160 hour) requirement must be

met for each different serious health condition and/or family member and for each calendar year,

even if not all of the additional days were used during the previous calendar year.

c. The initial 20 days (150/160 hours) of absence may be accumulated and the

additional leave may be used on an intermittent basis.

d. Proof of the family member’s serious health condition as defined by the Family

and Medical Leave Act must be provided on the Commonwealth’s Serious Health Condition

Certification form. Proof may be required for each absence during the 20 day (150/160 hour)

period and subsequent additional sick family leave period.

e. Family member for the purposes of this Section is defined as the following

persons: husband, wife, domestic partner, child, step-child, foster child or parent of the employee

or child of the employee’s domestic partner or any other person qualifying as a dependent under

IRS eligibility criteria.

Effective with the beginning of the 2021 leave calendar year, domestic partner and the

child of the employee’s domestic partner will no longer be considered as immediate family for

the purposes of this Section.

Section 6. Employees may use up to five days' bereavement leave for the death of the

employee’s spouse, domestic partner, parent, step-parent, child or step-child or child of the

employee’s domestic partner; and up to three days of such leave may be used for the death of the

following relatives of the employee: brother, sister, grandparent, step-grandparent, grandchild,

step-grandchild, son- or daughter-in-law, brother- or sister-in-law, parent-in-law,

grandparent-in-law, aunt, uncle, foster child, step-sister, step-brother, niece, nephew or any

19

relative residing in the employee's household or the following relatives of the employee’s

domestic partner: parent, brother, sister, grandparent, or grandchild. Such leave shall be

deducted from sick leave.

Effective with the beginning of the 2021 leave calendar year, sick leave may not be used

for the death of a domestic partner, the child of the employee’s domestic partner, or the parent,

brother, sister, grandparent or grandchild of the employee’s domestic partner.

Section 7. a. Employees who retire, as defined in Article 19, Section 6, shall be paid for

their accumulated unused sick leave in accordance with the schedule below if they retire under

the conditions set forth in Subsection b.

Days Available at Percentage Maximum

Retirement Buy-Out Days

0-100 30% 30

101-200 40% 80

201-300 50% 150

Over 300 (in last 100% of days 11

year of Employment) over 300

b. Eligibility for payment of accumulated unused sick leave under Subsection a. is as

follows:

(1) Superannuation retirement , as defined in Article 19, Section 6, with at

least five years of credited service; or

(2) Eligible for the Retired Employees Health Program under Article 19,

Section 6.e.; or

(3) After 7 years of service, death prior to retirement or separation of service

except as provided in Section 8.

c. Such payments shall not be made for part days of accumulated sick leave.

d. No payments under this Section shall be construed to add to the credited service

of the employee or to the retirement covered compensation of the employee.

e. Effective as soon as practically and legally possible, the Commonwealth will






20



Section 8. When an employee dies as the result of a work-related accident or incident, the

Commonwealth will pay 100% of the employee's unused sick leave unless the surviving spouse

or minor children are entitled to benefits under Act 101 of 1976 in which case the

Commonwealth will pay 30% of the employee's unused sick leave up to 90 days. Such payments

shall not be made for part days of accumulated sick leave.

Section 9. The provisions of Section 1 of this Article shall not apply to temporary employees

unless such employees have worked 750 regular hours by the end of the last full pay period in

each calendar year. It is understood that this Section does not apply to furloughed employees,

who, during their recall period, return to the Employer's payroll in a temporary capacity.

Section 10. Permanent employees who have one or more years of service since their last date

of hire may anticipate sick leave to which they become entitled during the then current calendar

year unless the Employer has reason to believe that the leave privilege is being abused by an

employee. Permanent employees with less than one year of service since their last date of hire

may not anticipate sick leave.

An employee may elect to use annual leave prior to anticipating sick leave.

Section 11. For the purpose of this Article, the calendar year shall be defined as beginning

with the employee's first full pay period commencing on or after January 1 and continuing

through the end of the employee's pay period that includes December 31.

Section 12. Employees on leave without pay to attend official Federation conventions or

conferences in accordance with Article 11, Section 6 shall have that time included in regular

hours paid for the purpose of earning sick leave entitlement in accordance with Section 1 of this

Article.

Section 13. For the purpose of this Article, domestic partner shall be defined as a same sex


Section 14. Employees who have more than one year of service since their most recent date of

hire and who use no sick leave in the first half (first 13 pay periods) of the leave calendar year shall

earn one-half day (3.75 or 4.0 hours) of annual leave in addition to those earned under Article 8,

Sections 1.a. and 1.b. Employees who have more than one year of service since their most recent

date of hire and use no sick leave in the second half (last 13 pay periods or 14 pay periods

depending on the number of pay periods in the leave calendar year) of a leave calendar year shall

earn one-half day (3.75 or 4.0 hours) of annual leave in addition to those earned under Article 8,

Sections 1.a. and 1.b. Leave earned will be available for use in the pay period following the pay

period in which it was earned.

21

Sick bereavement leave used will not be counted; however, all other types of paid sick

leave; unpaid sick leave used under Article 15; and paid and unpaid leave used for work-related

injuries shall count as sick leave for this section.

ARTICLE 10

LEAVES OF ABSENCE

Section 1. Service credit and benefits shall continue to accrue during paid leaves of absence,

unless modified by the terms of this Agreement.

Section 2. All time that an employee is absent from work shall be appropriately charged.

Section 3. All requests for leave must be submitted in writing to the employee's immediate

supervisor and shall be answered in writing promptly. Requests for emergency type leaves shall be

answered before the end of the workday on which the request is made.

Requests for any type of leave to which an employee is entitled under this Agreement and

which is not to exceed one month shall be answered by the Employer within five days. If the

requested leave is in excess of one month, the request shall be answered within 10 days.

Section 4. Where a state civil service examination is not given during an employee's

non-working time, a permanent full-time employee shall be granted administrative leave with pay

to take such examination which is scheduled during the employee's regular work hours subject to

management's responsibility to maintain efficient operations. Employees shall only be entitled to

leave for this purpose on one occasion during each one-half calendar year. Such leave shall not

exceed the employee's normal work shift or the time necessary to travel to and from the

examination and to take the examination, whichever is lesser. Employees shall not be eligible for

travel expenses under this Section.

Section 5. Employees shall be granted up to four (4) hours of administrative leave per

calendar year to donate blood.


the employee's first full pay period commencing on or after January 1, and continuing through the

end of the employee's pay period that includes December 31.

ARTICLE 11

LEAVES OF ABSENCE WITHOUT PAY

Section 1. Employees may be granted leaves without pay at the sole discretion of the

Employer for any reason for a period not to exceed two years.

22

Section 2. After completing one year of service, an employee may be granted a leave of

absence without pay at the sole discretion of the Employer for education purposes.

Section 3. Employees who are elected or appointed as Federation officials or representatives

shall at the written request of the employee be granted leaves without pay for the maximum term of

office. Such leaves may be renewed or extended by written mutual consent of the Federation and

the Employer.

Section 4. Service credits and benefits shall not accrue during unpaid leaves of absence,

except as required by appropriate statutes or as provided for in this Agreement. However, the

employee shall be entitled upon return from leave of absence without pay to all service credits

earned up to the date the leave commenced and benefits as provided for in existing programs.

Section 5. Upon the expiration of any approved leave of absence without pay, except as

provided in Article 15, Section 3 and Article 30, Section 7, the employee is entitled to return to a

position in the same or equivalent classification within the agency, subject to the furlough

provisions of Article 24, Seniority.

Section 6. Each year a pool of 85 days will be available for use by Federation officials,

trustees or elected delegates, subject to management's responsibility to maintain efficient

operations, to fulfill trustee responsibilities, attend official Federation conventions or conferences,

training institutes or meetings of legislative committees of the General Assembly where the

discussion or business of said committees will have a direct impact on the wages, hours or terms

and conditions of employment of the employees in this unit. It is understood that this provision is

not intended to extend to the hearings of the appropriation committees of the General Assembly.

Employees may use accrued annual leave for this purpose in lieu of leave without pay. The

following shall be recognized as official Federation conventions or conferences or training

institutes:

AFTPA Convention

AFT Convention

Pennsylvania AFL-CIO Convention

Coalition of Labor Union Women Conference

Black Labor Coalition Conference

AFT Public Employee Convention

AFT President's Conference

AFT Task Force Meeting

AFT Program and Policy Council Meetings

FOSCEP Executive Board Meetings

Pennsylvania AFL-CIO Community Services Institute

Pennsylvania AFL-CIO Occupational Safety and Health Institute

AFT Union Leadership Institute

George Meany Center for Labor Studies Training Institutes

23

Requests for leave without pay with seniority credit for Federation officials or elected

delegates will be forwarded to the Bureau of Labor Relations, Office of Administration, by

FOSCEP not less than three weeks prior to the date of each convention or conference. Each

request will contain the name, classification, department and work location of the Federation

official or delegate, in addition to the name of the conference.

Federation trustees will give their employing agency as much notice as possible of the

dates necessary to fulfill trustee responsibilities.

ARTICLE 12

CIVIL LEAVE

Section 1. Permanent employees who have not volunteered for jury duty and are called for

jury duty or are not a party in a Civil or Criminal Court proceeding but are subpoenaed as a witness

to attend such court proceeding shall be granted leaves with pay while attending jury proceedings.

Evidence of such duty in the form of a subpoena or other written notification shall be presented to

the employee's immediate supervisor as far in advance as practicable. When the Federation is

involved in a proceeding, it shall not subpoena an unnecessary number of employees.

Section 2. Permanent employees who are subpoenaed as witnesses or who are parties in the

following administrative hearings shall be granted leave with pay while attending such hearings:

Unemployment Compensation Board of Review Referee, Workers' Compensation Referee, and

Workers' Compensation Appeal Board. It is understood and agreed that no employee shall be

eligible for civil or administrative leave to prepare for, participate in or attend any Unfair Labor

Practice hearing. In addition, the parties agree that the award of Arbitrator Schwartz issued on

November 24, 1982 shall be null and void.

Permanent employees who are subpoenaed as witnesses before the State Civil Service

Commission or Pennsylvania Human Relations Commission shall be granted leave with pay while

attending such hearings.

Evidence of such duty in the form of a subpoena or other written notification shall be

presented to the employee's immediate supervisor as far in advance as practicable.

Section 3. The term court as used in this Article is intended to mean only the following courts:

Minor Judiciary Court, Courts of Common Pleas, Commonwealth Court and the United States

District Court.

Section 4. Permanent employees shall be granted leave with pay while performing fire

fighting duties, civil air patrol activities, emergency medical technician duties or emergency

management rescue work during a fire, flood, hurricane or other disaster. Authorized Red Cross

Workers shall be granted leave with pay to perform Red Cross duties during a state of emergency

24

declared by the Governor. Employees absent from work for such reasons shall be required to

obtain a written statement from the fire company, forest unit, emergency management agency, or

other organization with which they served, certifying as to their activities during the period of

absence.

Section 5. Volunteer participation in fire fighting activities, emergency medical technician

activities, civil air patrol activities, or emergency management rescue activities or disaster relief

work for the Red Cross shall require the prior approval of the agency head or institution head of the

employee.

ARTICLE 13

PROFESSIONAL DEVELOPMENT

Section 1. The Employer and the Federation recognize the need for a Professional

Development Program that can be made available on an equitable basis to all employees in this

unit.

Section 2. Permanent employees may, with the approval of the agency head, be granted leaves

with pay to attend activities in accordance with the following:

a. Part-time out-service training shall include formal course work offered by

educational institutions, workshops, conferences, correspondence courses, and

seminars conducted by professional, private, or public organizations.

b. Out-service training will be used with discretion and only to assist employees in

acquiring the knowledge and skills necessary to perform their tasks more

effectively.

c. Accredited academic courses, if feasible, will be scheduled during non-working

hours and will be limited to a maximum of 12 credit hours in any continuous 12

month period.

d. When part-time out-service training occurs during regular work hours of an

employee, the agency may grant educational leave with pay. Employees will be

restricted to a maximum of 20 days in any calendar year for this purpose.

e. Prior to attending courses, workshops or seminars beyond the scope of an

employee's job requirements, the employee will discuss with the agency training

officer the specific short or long range development objectives. The agency shall

be responsible for approving requests for this type of training.

25

Section 3. The administration of leave and benefits referred to in this Article are in

accordance with the provisions of the Commonwealth’s Personnel Rules, Chapter 11 and

Management Directive 535.3, Out-Service Training, and are not intended to add to or to limit

what is stated in that directive.

Section 4. Joint Federation-Commonwealth committees comprised of equal numbers of

members representing each group shall meet and discuss at the agency level regarding

professional development needs and programs. In addition the committees will meet and

discuss, upon request, over any issues arising under this Article.

Section 5. Nothing herein will prevent the Employer from assigning an employee to

participate in professional development activities as part of a regular job assignment. Such

assignments however, will be in addition to leave provided for under this Article.

ARTICLE 14

MILITARY LEAVES

Employees shall be eligible for military leave as provided as follows:

Section 1. Military Reserve

a. All permanent employees of the Commonwealth who are members of reserve

components of the Armed Forces of the United States shall be entitled to military leave with

compensation for all types of training duty ordered or authorized by the Armed Forces of the

United States. Such training duty may either be active or inactive duty training and shall include

but is not limited to:

1. Annual active duty for training

2. Attendance at service schools

3. Basic training

4. Short tours of active duty for special projects

5. Attendance at military conferences and

participation in any command post exercise

or maneuver which is separate from annual

active duty for training or inactive duty

training.

b. For military training duty as provided in Subsection a. of this Section, the

maximum military leave with compensation is 15 working days per calendar year.

c. The rate of compensation for a military leave day shall be the employee's regular

compensation for the employee's regular classification, subject to conditions established by the

26

Governor's Office through the Directives Management System (relating to temporary assignments

in higher classifications).

Section 2. Pennsylvania National Guard

a. In accordance with the Military Code as amended through Act No. 92 of l975 and

Act 174 of 1990 all permanent employees of the Commonwealth who are members of the

Pennsylvania National Guard shall be entitled to military leave with compensation for all types of

training duty (active and inactive) or other military duty ordered or authorized by the Armed

Forces of the United States. Such duty shall include but is not limited to:

1. Annual active duty for training

2. Attendance at service schools

3. Basic training

4. Short tours of active duty for special projects

5. Attendance at military conferences and participation in any command post

exercise, or maneuver which is separate from annual active duty for training

or inactive duty training

6. Other military duty

b. For military training duty or other military duty as provided in Subsection a. of this

Section, the maximum military leave with compensation is l5 working days per calendar year.

c. Military leaves with compensation shall also be granted to members of the

Pennsylvania National Guard on all working days during which, as members of the Pennsylvania

National Guard, they shall be engaged in the active service of the Commonwealth as ordered by

the Governor when an emergency in the Commonwealth occurs or is threatened, or when tumult,

riot or disaster shall exist or is imminent.

d. The rate of compensation for military leave pay shall be the employee's regular rate

of compensation for the employee's regular classification, subject to conditions established by the

Governor's Office through the Directives Management System (relating to temporary assignment

in higher classifications).

Section 3. General

a. Employees of the Commonwealth who leave their jobs for the performance of duty,

voluntarily or involuntarily, in any branch of the Armed Forces of the United States, any of its

Reserve components or any of its National Guard components, or the commissioned corps of the

Public Health Service for the purpose of training or service must be granted military leave without

pay. The provisions of Section 3 through Section 6 are consistent with Chapter 43, Part III, of

Title 38 United States Code and Military Code, 51 PA C.S. §7301 et seq.

27

b. Employees who are on military leave without pay shall have their duties performed

either by remaining employees and their positions kept vacant or by temporary substitutes.

Section 4. Granting, Duration and Expiration

a. Military leave without pay must be granted for the following military services:

1. For all active duty (including full-time National Guard duty).

2. For initial active duty for training.

3. For other active or inactive military training duty. Employees who

volunteer for additional duty that is not required as part of routine reserve

training shall provide four weeks' notice to their immediate supervisor prior

to the commencement of such duty. Where the employee is unable to

provide the four weeks’ notice, the employee shall provide the supervisor

with notice of acceptance for additional military duty and, upon receipt,

provide the supervisor with a copy of the official notice.

b. Military leave without pay is available for five years plus any involuntary service

during wartime or national emergency. The five years is cumulative throughout employment with

the Commonwealth.

c. Military leave without pay shall expire:

1. For periods of more than 180 days, no more than 90 days after the

completion of the service.

2. For periods of service of more than 30 days but less than 181 days, no more

than 14 days after the completion of the service.

3. For periods of service that were less than 31 days, the first full regularly

scheduled work period following the period of service or up to eight hours

after an opportunity to return from the place of service to the employee’s

home.

4. For periods of hospitalization or convalescence from illness or injury

incurred during the period of service, up to two years after the period of

service or when recovered, whichever occurs sooner.

5. For circumstances beyond an employee’s control, the above periods may be

extended upon demonstration of such circumstance.

28

Section 5. Re-employment

Employees have the right to return to employment at the time of or prior to the expiration

of military leave upon notifying the agency head of the desire and availability to return to

Commonwealth service, provided the following are met:

(a) The employee is capable of performing the essential functions of the position.

(b) For temporary employees, the temporary position has not yet expired.

(c) For periods of service delineated in Section 4 (c) (1) and (4), written application for

reemployment is provided to the agency head.

Section 6. Seniority Rights

An employee who returns to employment at the time of or prior to the expiration of

military leave shall be given such status in employment as would have been enjoyed if

employment had been continuous from the time of entrance into the armed forces.

Section 7. Retirement Rights

Employees who are granted military leaves may, under conditions provided in the Military

Code (51 Pa.C.S. 7306) and Chapter 43, Part III of Title 38 United States Code and in accordance

with procedures prescribed by the State Employees' Retirement Board and the Public School

Employes' Retirement Board, choose either to continue or discontinue making regular payments

into their retirement accounts.

Section 8. Loss of Benefits

Employees who are separated from the service by a discharge under other than honorable

conditions, bad conduct or dishonorable discharge shall not be entitled to any of the benefits of

30.71, 30.72 and 30.121 through 30.128 of this Title (relating to military leaves without pay)

except such vested rights as they may have acquired thereto by virtue of payments made into their

retirement accounts.

Section 9. Physical Examination

Employees shall be granted one day's leave with pay for the purpose of undergoing any

physical examination that may be required in connection with entering the Armed Forces. An

extension of such paid leave, not exceeding two additional days, may be approved by the agency if

the employee certifies in writing that more than one day is required to complete the examination.

29

Section 10. Annual and Sick Leave

Employees who are granted military leaves for active duty may be paid for annual leave, or

may have annual leave frozen. Sick leave earned and not used at the time of entry into the Armed

Forces will be available to employees upon return to work. Employees shall not earn annual or sick

leave while on military leave without pay.

Section 11. It is understood that any amendments to the above language, made to reflect

improvements to this benefit, shall be applicable to employees in this unit.


the employee’s first full pay period commencing on or after January 1 and continuing through the

end of the employee’s pay period that includes December 31.

ARTICLE 15

FAMILY AND MEDICAL LEAVE ACT (FMLA) LEAVE

Section 1. General

a. After completing one year of service, an employee shall be granted up to 12 weeks

of FMLA leave with benefits, on a rolling twelve month year basis, provided the employee has at

least 1250 hours of actual work time within the twelve months preceding the commencement of

the leave. Leave under this Section may be approved on an intermittent, reduced-time, or full-time

basis. A permanent part-time employee shall be granted the 12 week entitlement provided by this

Subsection if the employee has at least 900 hours of actual work time within the twelve months

preceding the commencement of the leave; the entitlement will be pro-rated based on the

employee’s percentage of full-time regular hours worked.

b. FMLA leave shall be granted for the following reasons:

(1) when the illness or disability is due to an employee’s serious health

condition;

(2) when attending to the medical needs of a spouse, domestic partner, parent,

son or daughter or other person qualifying as a dependent who has a serious

health condition;

(3) when becoming parents through childbirth or formal adoption or placement

of a child with an employee for foster care;

(4) when a qualifying exigency event related to a family member who is a

military servicemember occurs; or,

30

(5) when an employee attends to the serious injury or illness of a covered

servicemember or veteran who is a family member.

Effective with the beginning of the 2021 leave calendar year, FMLA leave may not be

used for the medical needs of a domestic partner.

If the leave is for a military caregiver under (5) above, 26 weeks of leave within a single 12

month period is provided and other FMLA leave used does not reduce this entitlement. For FMLA

leave due to reasons (1), (2), (3), or (4) above, one aggregate 12 week entitlement is provided.

c. Upon request of a permanent employee, an extension of up to an additional nine

months of leave without pay shall be granted for the following reasons:

(1) employee sickness upon receipt of proof of continuing illness or disability;

(2) family care reasons upon receipt of proof of continuing illness or disability

of the family member and need to care for the family member;

(3) parental reasons.

The extension shall be with benefits for the first 13 weeks (91 calendar days) and shall be

without benefits for the remainder of the extension. Such extensions shall be contiguous to the

termination of the 12 week entitlement. It shall not be used on an intermittent or reduced-time

basis, except as provided under Section 1.f.

d. Upon request, up to 13 weeks (91 calendar days) of leave without pay with benefits

may be granted to a permanent employee with less than one year of employment, provided the

absence is at least two consecutive weeks in duration; however, only one occasion within a twelve

month rolling year may be approved.

e. This Article shall not apply to a compensable work-related injury. For non-

compensable workers’ compensation claims, Subsection 1.a. of this Article applies. When the

employee does not meet eligibility requirements for leave under Subsection 1.a. of this Article, up

to 13 weeks (91 calendar days) of leave without pay with benefits may be granted.

f. Intermittent or reduced-time FMLA leave may be approved for absences after the

12 week entitlement when due to a catastrophic illness or injury of a permanent employee that

poses a direct threat to life or to the vital function of major bodily systems or organs, and would

cause the employee to take leave without pay or terminate employment. All accrued and

anticipated leave must be used before granting leave without pay under this Subsection. Such

leave without pay used will run concurrently with and reduce the entitlement.

31

Section 2. Granting Leave

a. An employee shall submit written notification to their immediate supervisor stating

the anticipated duration of the leave at least two weeks in advance if circumstances permit, in

accordance with the following:

(1) For an employee with a serious health condition, proof of illness or

disability in the form of a doctor’s certificate which shall state a prognosis

and expected date of return is required.

(2) For an employee caring for family members, documentation supporting the

need for care is required.

(3) For an employee who becomes a parent, documentation is required and

FMLA leave shall begin whenever the employee requests on or after the

birth, adoption or foster care placement; however, it may be used prior to

the date of custody or placement when required for adoption or placement

to proceed, and no FMLA leave shall be granted beyond one year from the

date of birth, of assuming custody of an adopted child or of placement of a

foster child.

b. In no case shall an employee be required to commence FMLA leave sooner than

he/she requests, unless the employee can no longer satisfactorily perform the duties of their

position.

Section 3. Re-employment

a. A permanent employee shall have the right to return to the same position in the

same classification, or to an equivalent position with regard to pay and skill, as the position he/she

held before going on FMLA leave for absences under Section 1.a. of this Article.

b. Upon the expiration of the re-employment rights under Subsection a. or Subsection

c, and upon written request to return to work, a permanent employee shall be offered a position in

the same classification and seniority unit for which a vacancy exists and to which there are no

seniority claims and which the agency intends to fill. If such a position is not available, the

employee shall be offered, during the remainder of the extension period, any position in the same

classification, in a lower classification in the same classification series, or a position previously

held, within the same geographical/organizational limitation as the seniority unit, for which a

vacancy exists and to which there are no seniority claims and which the agency intends to fill. If

the employee refuses an offer of a position in the same classification, the employee's rights under

this Section shall terminate. If the employee accepts a position in a lower classification or a

position previously held, the employee will be offered a position in the same classification if there

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is a vacancy in that classification during the remainder of the entitlement in the seniority unit,

provided there are no seniority claims to the position, and the agency intends to fill the position.

In those instances in which a seniority unit includes several work sites, it is understood that

an employee’s right to reemployment as set forth in this section will be to a position at the work

site in which the employee was assigned to work prior to the FMLA leave for absences under

Section 1.a., providing that a position in the employee’s classification continues to exist at the

work site and further provided that the employee is not subject to a transfer or furlough as provided

for in Article 24.

c. Employees who use 26 weeks or more of paid leave (12 weeks of leave under

Section 1.a. and the first 14 weeks of leave under Section 1.c.) and who return to work before or

upon the exhaustion of the paid leave will have the same return rights as described in Subsection a.

Return rights after paid leave is exhausted, if the absence is more than 26 weeks (12 weeks of

leave under Section 1.a. and the first 14 weeks of leave under Section 1.c.) are in accordance with

Subsection b.

Section 4. Seniority Rights

Upon return from FMLA leave, a permanent employee shall retain all seniority and pension

rights that had accrued up to the time of leave. Seniority shall continue to accrue during FMLA

leave.

Section 5. Annual, Sick, Compensatory and Holiday Leave

a. An employee using FMLA leave for military exigencies or military caregiving,

must use all applicable, accrued paid leave types upon commencement of FMLA leave. For all

other FMLA leave, an employee shall be required to use all applicable accrued paid sick leave

(sick family or additional sick family for family care reasons) as certified by a health care provider

upon commencement of FMLA leave, except as provided in Subsection b. below. An employee

shall not be required to use annual, compensatory or holiday leave upon the commencement of

FMLA leave. If any paid leave is used, it will run concurrently with and reduce the entitlements

under Sections 1.a. and 1.c. of this Article. Unused leave shall be carried over until return. An

employee shall not earn annual and sick leave while on leave without pay. Holidays will be earned

based on Article 6, Holidays.

b. An employee may choose to retain up to ten days of accrued sick leave. The choice

to retain or not retain sick leave cannot be made retroactively, and saved days will be measured

based on accrued sick leave available at the commencement of the absence. Saved days may be

used during the 12 week entitlement as certified by a physician; such sick leave used will run

concurrently with and reduce the entitlement. Days saved and requested for intermittent or

reduced-time absences for periods less than two consecutive weeks after the first 12 week

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entitlement will be reviewed for approval under the provisions of Article 9; such use will not be

counted against the FMLA entitlement.

c. An employee who has accrued more than 12 weeks of paid leave is not limited to

12 weeks of FMLA leave. Leave in excess of 12 weeks will run concurrently with and reduce the

entitlement under Section 1.c. of this Article.

Section 6. Benefits

a. State payments toward coverage for health benefits and state-paid coverage for life

insurance as provided in Articles 19 and 20 will continue during FMLA leave under Section 1.a.

and Section 1.c. of this Article.

b. The continuation of benefits under this Article is subject to the employee’s payment

of any required employee contribution under Article 19, Section 3.

Section 7. Definitions

a. For the purpose of this Article, parent shall be defined as the biological, adoptive,

step or foster parent of the employee or an individual who stood in loco parentis to an employee

when the employee was a son or daughter.

b. For the purpose of this Article, son or daughter shall be defined as a biological,

adopted, or foster child, a step-child, a legal ward, a child of a person standing in loco parentis, or a

biological or adopted child of the employee’s domestic partner who is:

(1) under 18 years of age; or

(2) 18 years of age or older and incapable of self-care because of a mental or

physical disability.

c. For the purpose of this Article, domestic partner shall be defined as a same sex


Section 8. Guidelines

a. Guidelines established by the Secretary of Administration regarding FMLA leave

are published through the Directives Management System (Reference Management Directive

530.30).

b. It is understood by both parties that the provisions of this Article are consistent with

the Pennsylvania Human Relations Act, 43 P.S. Sections 951, et seq., and the Family and Medical

Leave Act of 1993, 29 U.S.C. Sections 2601, et seq.

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c. Should the Patient Protection and Affordable Care Act of 2010, 42 USC § 18001 et

seq., or its regulations be modified or interpreted to not provide an additional 91 calendar days of

benefits as described in Section 1 of this Article, it is agreed that the health and life insurance

entitlements outlined in this Article will not be diminished.

ARTICLE 16

SALARIES AND WAGES

Section 1. Effective July 1, 2019, each employee covered by this Agreement who is in an

active pay status shall receive a general pay increase of three percent (3.0%). This increase is

reflected in the Standard Pay Schedule in Appendix A.

Section 2. Effective October 1, 2020, each employee covered by this Agreement who is in

an active pay status shall receive a general pay increase of two percent (2.0%). This increase is

reflected in the Standard Pay Schedule in Appendix B.


an active pay status shall receive a general pay increase of two and one-half percent (2.50%).

This increase is reflected in the Standard Pay Schedule in Appendix C.


an active pay status shall receive a general pay increase of two and one-half percent (2.50%).

This increase is reflected in the Standard Pay Schedule in Appendix D.

Section 5. A permanent salaried employee whose salary exceeds the maximum of the

employee's applicable pay scale group when the general pay increases outlined in Sections 1, 2,

3, and 4 are effective shall receive the annual amount of the general pay increase in the form of a

one-time cash payment rounded to the nearest dollar. The cash payment shall be paid no later

than the next payday after the general pay increase is reflected in the paychecks of employees

who are not above the maximum.

If an employee's rate of pay exceeds the maximum of the employee's applicable pay scale

group before the general pay increase, but would not exceed the maximum after the general pay

increase, the employee's rate shall be increased by an amount which will make it equal to the

new maximum. The one-time cash payment for an employee in this situation shall be reduced by

the amount of increase in the employee's annual rate of pay.

Section 6. a. Employees hired into classifications covered by this Agreement shall be

paid the minimum rate for the pay scale group assigned to their classification as reflected on the

Standard Pay Schedule.

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b. The Commonwealth may hire employees at pay rates above the minimum rate of

the assigned scale group. In such cases, the Office of Administration will notify the Federation

after it has approved the hiring above the minimum rate. Notification will be done by telephone

including voice mail.

Section 7. a. Employees covered by this Agreement who have been employed

continuously by the Commonwealth since April 30, 2019 will be eligible to receive a one step

service increment effective on the first day of the first full pay period in April, 2020.

b. Employees covered by this Agreement who have been employed continuously by

the Commonwealth since April 30, 2020 will be eligible to receive a one step service increment

effective on the first day of the first full pay period in April, 2021.

c. Employees covered by this Agreement who have been employed continuously by

the Commonwealth since January 31, 2022 will be eligible to receive a one step service

increment effective on the first day of the first full pay period in January, 2023.

d. Employees covered by this Agreement who terminate with at least one year of

continuous service since their most recent appointment and who are reemployed within six

months from the date of termination or furlough will be eligible to receive the one step service

increments outlined in Subsections a., b. and c., if they are in an active pay status on the effective

date of the increments.

e. During the term of this Agreement, employees who are at or above the maximum

step of their pay scale group at the time they become eligible for a service increment as outlined

in Subsections a., b. and c. shall receive the annual amount of a two and one-quarter percent

(2.25%) increase in the form of a one-time cash payment rounded to the nearest dollar.

Section 8. a. When an employee covered by this Agreement is promoted to another

classification in a higher pay scale group, the employee shall receive an increase of four steps for

each pay scale group the employee is promoted or to the minimum of the new pay scale group,

whichever is greater.

b. When an employee covered by this Agreement is demoted (including demotions

occurring as a result of furlough bump or furlough recall) to another classification in a lower pay

scale group, the employee shall receive a decrease of four steps for each pay scale group the

employee is demoted or to the maximum of the new pay scale group, whichever is lesser.

c. When an employee covered by this Agreement is transferred to another

classification in the same pay scale group, the employee shall be placed at the same step in the

pay scale group.

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Section 9. The cash payments provided for in this Article shall not be added to the

employee's base salary. The cash payments will be subject to dues deductions where applicable.

Section 10. An employee in an inactive pay status shall, upon return to active pay status, be

entitled to the above general pay increases outlined in Sections 1, 2, 3 and 4; the cash payments

outlined in Sections 5 and 7; and the service increments outlined in Section 7 where applicable.

Section 11. The salaries of employees shall be paid biweekly. In the event the payday occurs

on a holiday, the preceding day shall be the payday.

Section 12. The policies regarding pay scale group revisions contained in the

Commonwealth's Personnel Rules shall continue.

Section 13. All employees are required to sign up for direct deposit of paychecks and travel

expense reimbursement.

Section 14. The parties will set up a joint labor management committee to further discuss

during the life of this Agreement issues related to pay inequities.

Section 15. An employee is on standby during the period that the employee is required to

remain at home and to be available for emergencies. Only employees who are required to be on

standby are entitled to the compensation hereafter set forth. Such employees shall, at the

Employer's discretion, either be paid 25% of their regular base pay for such standby time or

receive compensatory time off equivalent to 25% of such standby time. Employees shall be

considered to be on standby time until officially released. Standby time shall not be considered

hours worked for the purpose of overtime computation.

ARTICLE 17

OVERTIME

Section 1. Time and one half of the employee's regular hourly rate of pay shall be paid for

work under any of the following conditions:

a. For any work performed in excess of eight hours in any work day and in excess of

40 hours in any work week.

b. There shall be no duplication of premium pay for the same hours worked under the

provisions of Subsection a. of this Section.

Section 2. Employees shall receive their regular hourly rate for all overtime worked in excess

of seven and one-half hours but not more than eight hours in a work day and in excess of 37.5

hours but not more than 40 hours in a work week.

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Section 3. The following items will be regarded as hours worked for the purpose of computing

overtime pay under Sections 1 and 2 of this Article.

a. hours of work

b. rest period

c. holidays

d. annual leave

e. compensatory leave; to be included in the period of occurrence for the

purpose of computing overtime

f. sick leave

g. administrative leave

Section 4. By mutual agreement between the Employer, the Union and the employee

involved, compensatory time at the appropriate rate may be granted in lieu of premium overtime

pay. Such compensatory time is to be granted within the 120 calendar day period succeeding the

date on which the overtime is worked. If a written request is received prior to or within 45 days

after the date on which the overtime is worked, the compensatory time off shall, subject to

management's responsibility to maintain efficient operations, be scheduled and granted as

requested by the employee. If the Employer does not schedule the compensatory time in

accordance with the employee's request, or at some other time mutually agreed to, prior to the

completion of the 120 calendar day period succeeding the date on which the overtime is worked,

the employee shall be compensated at the appropriate rate of pay in lieu of paid time off.

Section 5. The provisions of this Article are not applicable to employees in job classes

assigned to pay scale group 8 and above and identified as exempt from the overtime provisions of

the Fair Labor Standards Act in the Commonwealth's pay plan.

For employees in the Department of Education covered by this agreement in job classes

assigned to pay range 8 and above and identified as exempt from the overtime provisions of the

Fair Labor Standards Act in the Commonwealth’s pay plan, compensatory time off shall be

granted hour for hour when the employee is assigned a work assignment outside of headquarters

and/or required to travel for a work assignment outside of the employee’s regularly scheduled

work day; provided the compensatory time off has been pre-approved by the appropriate agency

staff.

Compensatory leave is to be used within 180 days from the date it is earned and if not

requested to be used will be lost. If an employee requests to use the compensatory leave at least

three times within the 180 days and is denied the use of the leave, the employee shall be

compensated at the straight time rate of pay in lieu of paid time off.

Section 6. For purposes of this Article, travel time shall be considered hours worked.

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Section 7. Payment for overtime is to be made on the payday of the first pay period following

the pay period in which the overtime is worked.

Section 8. There shall be no duplication or pyramiding of any premium pay provided for

under the provisions of this Agreement for the same hours worked. Time worked on holidays

during an employee's regular shift shall not be excluded from hours worked for the purpose of

determining eligibility for overtime pay under Sections 1 and 2 of this Article.

Section 9. Employees who are assigned by the Employer to work on a weekend which falls

outside their regular work week will receive consideration concerning the granting of

compensatory time off for such hours worked.









ARTICLE 18

SHIFT DIFFERENTIAL

Section 1. a. A shift differential of $1.00 per hour will be paid for any regular shift of

7.5 or 8 hours which begins before 6:00 a.m. or at or after 12:00 noon, provided the shift is

worked.

b. Effective with the start of the first full pay period in January 2020, shift

differential shall be paid as follows:

1. An employee whose work shift consisting of 7.5 or 8.0 work hours on a scheduled

work day begins at or after 8:00 p.m. and before 6:00 a.m. will be paid a shift

differential of $1.15 per hour for all such hours worked on that shift.

2. An employee whose work shift consisting of 7.5 or 8.0 work hours on a scheduled

work day begins at or after 12:00 noon and before 8:00 p.m. will be paid a shift

differential of $1.25 per hour for all such hours worked on that shift.

Section 2. Any employee who works on a shift for which shift differential is paid and

thereafter continues to work in an overtime status shall receive in addition to the appropriate

overtime rate, the shift differential for all overtime hours worked.

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ARTICLE 19

HEALTH BENEFITS

Section 1. Pennsylvania Employees Benefit Trust Fund

a. A jointly administered, multi-union, Health and Welfare Fund has been

established under the provisions of an Agreement and Declaration of Trust executed by and

between the Union and the Employer.

This jointly administered Fund is known as the Pennsylvania Employees Benefit Trust

Fund (hereinafter Fund or PEBTF). The Fund shall conform to all existing and future Federal

and Commonwealth statutes applicable to and controlling such Health and Welfare Fund.

Said Agreement and Declaration of Trust shall provide for equal representation on the

Board of Trustees appointed by the Unions and the Employer. In addition, the Agreement and

Declaration of Trust will allow the Fund to provide benefits to management level and retired

employees, as well as employees represented by other unions and other employers in the

Commonwealth of Pennsylvania.

b. The Board of Trustees of the Fund shall determine in their discretion and within

the terms of this Agreement and the Agreement and Declaration of Trust the extent and level of

medical plan benefits, supplemental benefits and other benefits to be extended by the Fund.

c. The Employer shall contribute to the Fund the amount indicated below on behalf

of each permanent full-time employee eligible for benefits and covered by this Agreement

effective on the first pay date in July for the fiscal years specified below:

July 2019 – June 2020 $486 biweekly per employee




The contributions for permanent part-time employees, who are eligible for

benefits and expected to be in an active pay status at least 50% of the time every pay period, will

be 50% of the above referenced rate.

d. The Fund shall maintain a reserve sufficient to pay on a cash basis the three (3)

next succeeding months of projected claims and expenses. Reserve is calculated as the ending

fund balance, meaning the net amount of funds on hand as of the close of any given month.

Fund revenues are to be adjusted to reflect the relevant cash amounts that should have been or

are to be received or collected by the Fund under the agreement. Fund expenses are to be

adjusted for any expense which should have been paid for the period. At each bi-monthly

meeting of the Board of Trustees, the Fund’s actuary will present their financial projection to the

40

Finance Committee including a report that will show the projected reserve level at the end of the

succeeding 24 months, or through the end of the current agreement if this latter period is less

than 24 months. The report will concisely state the assumptions and factors used in making

these projections.

The report will be available to all trustees of the Fund. If the average amount of the

projected reserve for any future quarter (e.g. July-September) is less than a three (3) month

reserve as defined above, the actions below will be triggered:

1. The first day of the quarter during which the average reserve would be less than

three (3) months will be considered the “target date” for additional funding;

2. At least six (6) months prior to the target date, the Fund’s actuary will review the

projection and confirm that a funding adjustment is needed and the amount of

such adjustment. If the need for a funding adjustment occurs in the first nine (9)

months, this subparagraph shall not apply;

3. Should the Commonwealth not dispute the finding by the Fund’s actuary that an

adjustment is necessary, the Commonwealth will implement the funding

adjustment at least ten (10) calendar days prior to the target date.

4. If either the Chairman of the Board, Secretary of the Board, any four (4)

management or any four (4) union Trustees of the Board dispute the findings of

Fund’s actuary, the Chairman and the Secretary of the Board of Trustees will

select a neutral actuary within five (5) business days to resolve the dispute and

will forward their respective positions and any supporting documentation to the

neutral actuary within five (5) business days of such selection. The neutral

actuary may communicate and ask questions of the Fund’s actuary provided,

however, if such communications occur, the Finance Committee will have access

to the discussions.

5. The neutral actuary shall render a decision within 30 calendar days of the receipt

of said positions/documentation, which decision will be final and binding on the

parties and must be implemented within 10 business days of its receipt by the

parties.

6. The adjustment must be sufficiently large so as to restore the size of the reserve to

a minimum of three months within 30 days following the target date.

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7. Once the reserve exceeds the three (3) month equivalent, the contribution rate

shall be reduced to the amount provided under this Section unless the parties

agree that a new rate is necessary to maintain a three (3) month reserve.

8. It is understood and agreed to by the parties that the process outlined above is

designed to ensure adequate funding for the PEBTF and not intended to place the

financial status of the Fund in jeopardy.

e. The Employer shall make aggregate payments of Employer contributions together

with an itemized statement to the Fund within one month from the end of the month in which the

contributions were collected.

f. All benefits extended by the Fund must be designed to be excludable from the

"regular rate" definition of the Fair Labor Standards Act, unless hereinafter required by federal

law to be included.

g. No dispute over eligibility for benefits or over a claim for any benefits extended

by the Fund shall be subject to the grievance procedure established in any collective bargaining

agreement, except as otherwise specifically provided within this Article.

h. It is expressly agreed and understood that the Employer does not accept, nor is the

Employer to be hereby charged with any responsibility in any manner connected with the

determination of liability to any employee claiming any of the benefits extended by the Fund. It

is expressly agreed that the Employer's liability, in any and every event, with respect to benefits

extended by the Fund shall be limited to the contributions indicated under Subsections c. and d.

above.

Section 2. The provisions of Sections 3 through 7 shall be modified to the extent the medical

plan benefits, supplemental benefits and other benefits as determined and extended by the Fund

and/or the Retired Employees Health Program are modified for current and/or future employees

and retirees as provided for in Section 1 (employees) and/or Section 6 (retirees) of this Article,

respectively.

Section 3. The Fund shall continue to provide each permanent full-time active

employee medical plan benefits, supplemental benefits and other benefits as determined and

extended by the Fund. In addition, it shall provide dependency coverage where the dependents

of the employee qualify. The Fund shall continue to provide permanent part-time employees

who are expected to be in active pay status at least 50% of the time every pay period medical

plan benefits, supplemental benefits and other benefits as determined and extended by the Fund.

In addition, it shall provide 50% dependency coverage where the dependents of the employee

qualify. Such employees shall contribute an amount determined by the Fund's Trustees toward

the cost of coverage. Enrollment and continued coverage in Fund benefits is further subject to

the following conditions:

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a. Subject to the provisions of Section 3.b., employees will contribute a percentage

of their biweekly gross base salary toward the cost of coverage as provided below:

July 2019 – June 2023 2.5%

Employee contributions shall be effective the first full pay period in July of the

periods specified above. Biweekly gross base salary as used throughout this Article excludes

premium or supplemental payments such as overtime, shift differentials, higher class pay, etc.

b. An employee will be eligible for an Employee Contribution Waiver if the

employee and his/her qualifying dependents, as determined by the Trustees, participate in the

Get Healthy Program as established from time-to-time by the Fund. In accordance with Section

1.b., the Fund shall be solely responsible for establishing all requirements and conditions of the

Get Healthy Program, including rules and policies for the requirements for qualifying for the

Employee Contribution Waiver and for making determinations regarding whether an employee

and dependents have fulfilled the conditions for such Waiver.

The Employee Contribution Waiver will consist of a waiver of a portion of the

employee’s required contribution to the cost of health care as a percentage of biweekly gross

base salary as follows:

Employee Employee

Waiver contribution contribution

Amount with Waiver without Waiver

July 2019 – June 2023 2.5% 2.5% 5.0%

Employee Contribution Waivers shall be effective the first full pay period in July

of the periods specified above.

c. The parties agreed to an evaluation process with respect to the reserve levels of the

Fund to determine if an employee contribution is necessary. Under this process, if the Fund’s

actuary certifies that a three (3) month reserve of projected claims and expenses has been achieved

and will be maintained for at least six (6) months, the Trustees will evaluate whether employee

cost sharing for employees hired before August 1, 2003, can be reduced or eliminated, provided

that at no time shall any such reduction or elimination of cost sharing result in the reserve being

reduced below the three (3) months of total projected claims and expenses. Should the Trustees,

after evaluating the employee cost sharing, decide that contributions by employees hired before

August 1, 2003 will be reduced or eliminated, the reserve will be reviewed on a six (6) month basis

by the Fund’s actuary. If the actuary certifies that the amount of the reserve has dropped below the

three (3) month level, such contributions will resume immediately at the levels established in this

Agreement, without any action on the part of the parties or the PEBTF Board of Trustees. This

Subsection shall be read and administered in a manner consistent with Section 1.d. of this Article.

43

d. (1) For the first six (6) months of employment, the employee will be offered

single coverage in the least costly medical plan offered and available in his/her area, with no

supplemental benefits. The employee may opt to purchase medical coverage for the employee’s

qualifying dependents in the same medical plan as the employee, and/or may opt to purchase a

more costly plan in the area by paying the difference in cost between the least costly and the

more costly plan, in addition to the employee contribution required under Section 3.a.

(2) After completing six (6) months of employment, the employee and his/her

qualifying dependents will be eligible for coverage under the Fund’s supplemental benefits, and

the employee will be permitted to cover his/her qualifying dependents under the least costly

medical plan at no additional cost. If a more costly medical plan is selected, the employee will

be required to pay the cost difference between the least costly and more costly plan, in addition

to the employee contribution required under Section 3.a.

(3) Nothing herein shall be construed to limit the authority of the Board of

Trustees to modify or adopt these or other eligibility rules.

e. Only employees who elect to enroll for PEBTF coverage, including those who

enroll only for supplemental benefits, are subject to the employee contributions in this Article.

An employee who is only enrolled as a spouse of another PEBTF covered employee is not

subject to any required employee contributions.

f. Employee contributions under this Article will be paid to the Fund on a biweekly

basis as soon as is practicable using the Employer’s standard methods for transferring money. The

parties intend that these contributions will be submitted in a more accelerated manner than the

Employer contributions. Any employee contributions made pursuant to this Article will be made

on a pre-tax basis.

Section 4. a. Permanent employees who are granted leave without pay in accordance

with Article 11, Article 15, or Article 30 may continue to receive benefits as described in those

articles and as determined and extended by the Fund.

b. Except as provided in c. below, permanent part-time employees and those

permanent full-time employees who are placed on suspension or who are granted leave without

pay for any reason other than leave without pay in accordance with the articles specified in a.

above for longer than one full pay period or for longer than the applicable periods specified in the

articles delineated in a. above, will be permitted to continue coverage on a direct pay basis at a rate

to be determined by the Fund but no greater than the COBRA rate.

c. Permanent full-time employees and permanent part-time employees who are

eligible for benefits and who are regularly placed on leave without pay for one to three months

every year due to cyclical work schedules or weather conditions will continue to receive benefits

as determined and extended by the Fund for the period they are on leave. If the leave extends

44

beyond the regular leave period, employees will be permitted to continue coverage on a direct

pay basis at a rate to be determined by the Fund but no greater than the COBRA rate.

d. The Employer shall continue to make full contributions to the Fund for permanent

full-time employees for the period of time for which they are entitled to benefits under

Subsection a. or c. and 50% contributions for permanent part-time employees for the period of

time for which they are entitled to benefits under Subsection a. or c.

e. The continuation of benefits under this Section is subject to the employee’s

payment of any required employee contribution under Section 3.

Section 5. Spousal Eligibility

a. For employees hired on or after August 1, 2003: If the spouse of an employee is

covered by any PEBTF health care plan, and he/she is eligible for coverage under another

employer’s plan(s), the spouse shall be required to enroll in each such plan, which shall be the

spouse’s primary coverage, as a condition of the spouse’s eligibility for coverage by the PEBTF

plan(s), without regard to whether the spouse’s plan requires cost sharing or to whether the

spouse’s employer offers an incentive to the spouse not to enroll.

b. For employees hired before August 1, 2003: If the spouse of an employee

covered by any PEBTF health plan also is eligible for coverage under another employer’s

plan(s), the spouse shall be required to enroll in each such plan, provided that the plan in

question does not require an employee contribution by the spouse or the spouse’s employer does

not offer an incentive to the spouse not to enroll. Once covered by another employer’s plan, that

plan will be the spouse’s primary coverage, and the PEBTF plan will be secondary.

c. Nothing herein shall be construed to limit the authority of the Board of Trustees to

modify or adopt these or other spousal eligibility rules.

Section 6. a. The Employer shall allow each individual who was eligible as an active

employee under the Fund’s health benefits plan to elect coverage upon retirement under the

Retired Employees Health Program (hereinafter REHP). In addition, dependency coverage shall

be allowed where the dependents of the retiree qualify under such Program. The following

phrases shall be defined as:

(1) For State Employees’ Retirement System or the Public School Employees’

Retirement System members, an employee is deemed retired when the

employee applies for and receives retirement benefits.

(2) For State Employees Defined Contribution Plan participants, an employee

is deemed retired when they receive a full distribution from their defined

contribution plan.

45

(3) Superannuation age, for the express purposes of this Section and Article 9

Section 7.b.(1) only, shall be defined as follows:

a. For State Employees Defined Contribution Plan participants, it

shall be 67 years old.

b. For State Employees’ Retirement System or the Public School

Employees’ Retirement System members it is defined by the State

Employees Retirement Code.

(4) For State Employees Defined Contribution Plan participants, credited

service will be determined in the same manner as State Employees’

Retirement System members.

(5) The phrase “Commonwealth employee” shall be limited to service earned

through an employing agency eligible to participate in the

Commonwealth’s Life Insurance Program.

(6) The phrase “retirement system” shall be limited to the State Employees’

Retirement System and or Public School Employees’ Retirement System,

TIAA-CREF, State Employees Defined Contribution Plan, or other

approved retirement systems.

b. Employees who retire on or after July 1, 2007, and who elect REHP coverage,

shall be eligible for the medical and prescription benefits in effect for active employees, provided

that the Employer will modify the REHP plan of benefits from time-to-time to conform to the

medical and prescription benefits in effect for the active employees. Retirees who are eligible for

Medicare will participate in Medicare medical and prescription plans, and those retirees who are

eligible to enroll in Medicare Part B will not receive benefits through the REHP for benefits

which are provided by Medicare Part B. It is understood that the REHP plan of benefits may be

amended or modified by the Employer from time-to-time.

c. Employees who retire on or after July 1, 2007, and elect REHP coverage shall be

required to contribute to the cost of coverage. The annual retiree contribution rate shall be a

percentage of the employee’s final annual gross salary at the time of retirement from State

service equal to the active employee contribution rate in effect on the date of retirement and will

be payable monthly at the rate of one-twelfth of the annual retiree contribution rate.

The annual retiree contribution rate for employees who leave state employment during

the term of this agreement for employees who retire on or after July 1, 2011 shall be three

percent (3%) of the employee’s final average salary at the time of retirement, as determined by

the methodology utilized by the State Employees’ Retirement System to calculate pension

46

benefits, and will be payable monthly at the rate of one-twelfth of the annual retiree contribution

rate. The methodology utilized by the State Employees’ Retirement System to calculate pension

benefits will also be applied to determine the annual retiree contribution rate for employees who

retired on or after July 1, 2007 through June 30, 2011 in those situations where said methodology

results in a lower retiree contribution rate than results from the use of final gross annual salary;

in situations where use of final gross annual salary yields a lower contribution rate for such

former employees, it shall continue to be used. Further, the annual retiree contribution rate for all

present and future Medicare eligible retirees who have a contribution rate of three percent (3%)

will be reduced to one and-one-half percent (1.5%) of the appropriate base (final gross annual

salary or final average salary) when a retiree becomes eligible for Medicare coverage, and will

be payable monthly at the rate of one-twelfth of the annual retiree contribution rate.

d. The REHP is developed and administered in a cost effective and beneficial

manner by the Fund, subject only to the prior approval of the Office of Administration and in

accordance with the terms and conditions of the REHP Participation Agreement between the

Employer and the Fund.

e. The Employer shall continue to pay the cost of coverage, subject to the required

retiree contribution rates, for employees who retire under (1), (2), (3) or (4) below and who have

elected REHP coverage:

(1) Retirement at or after superannuation age with at least 20 years of credited

service, except that

(a) an employee who leaves State employment prior to superannuation

age and subsequently retires at or after superannuation age must

have 25 years of credited service,

(b) an employee who is furloughed prior to superannuation age and

subsequently retires at or after superannuation age during the recall

period must have 20 or more years of credited service,

(c) an employee who leaves State employment prior to superannuation

age and is subsequently rehired and then retires at or after

superannuation age must have 20 or more years of credited service

with at least three years of credited service from the most recent

date of reemployment. However, if the departure from State

employment was due to furlough and the employee returns during

the recall period, this three year requirement will not apply. If the

employee had qualified, other than through disability retirement,

for Employer paid coverage in the REHP prior to the most recent

rehire period, this three year requirement will not apply,

47

(d) an employee who leaves State employment subsequent to

superannuation age and is subsequently rehired and then retires

must have 20 or more years of credited service at least three years

of credited service from the most recent date of reemployment.

However, if the departure from State employment was due to

furlough and the employee returns during the recall period, this

three year requirement will not apply. If the employee had

qualified, other than through disability retirement, for Employer

paid coverage in the REHP prior to the most recent rehire period,

this three year requirement will not apply.

(2) Disability retirement, which requires at least five years of credited service,

except that, if an employee had previously qualified based on an approved

disability retirement, then returns and retires under a normal or early

retirement, he or she must retire at or after superannuation age with 20 or

more years of credited service or 25 years of credited service regardless of

age.

For State Employees Defined Contribution Plan participants, the disability

retirement application must be approved by the Office of Administration

using the same criteria as the State Employees’ Retirement System.

(3) Other retirement with at least 25 years of credited service, except that an

employee who leaves State employment, is subsequently rehired and

retires must have at least 25 years of credited service with at least three

years of credited service from the most recent date of reemployment.

However, if the departure from State employment was due to furlough and

the employee returns during the recall period, this three year requirement

will not apply. If the employee had qualified, other than through disability

retirement, for Employer paid coverage in the REHP prior to the most

recent rehire period, this three year requirement will not apply.

(4) For purposes of eligibility for REHP coverage under this Section, credited

service earned on or after July 1, 2007, will be limited to service as a

Commonwealth employee which otherwise counts as credited service

under the retirement systems’ rules in effect from time to time. Employees

hired on or after July 1, 2007 who have earned credited service under the

retirement systems’ rules with another employer will not have that service

counted for purposes of eligibility for REHP coverage, unless they were

employed by the Commonwealth prior to July 1, 2007. If it is determined

by the retirement system that a Commonwealth employee is eligible for

additional credited service for military service, such credited service will

be included in the determination of eligibility for REHP coverage. For

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State Employees Defined Contribution Plan participants, the Office of

Administration will determine if a Commonwealth employee is eligible

for additional credited service for military service using the same criteria

as the State Employees’ Retirement System. The phrase “Commonwealth

employee” shall be limited to service earned through an employing agency

eligible to participate in the Commonwealth’s Life Insurance Program.

Section 7. When an employee dies as a result of a work-related accident, the Fund shall

continue to provide medical plan benefits and supplemental benefits, as determined and extended

by the Fund, to the spouse and eligible dependents of the employee until the spouse remarries or

becomes eligible for coverage under another employer's health plan. Annual certification of non-

coverage will be required.

The medical plan benefits and supplemental benefits will be converted to the REHP at the

time when the employee would have reached superannuation age.

Section 8. The parties will evaluate the health plans offered under the Fund, and take action

as necessary, in order to ensure that a tax and/or penalty is not assessed against the

Commonwealth pursuant to the Affordable Health Care Act as a result of the impact upon

employees of any such plans.

ARTICLE 20

LIFE INSURANCE

Section 1. The Employer shall continue to assume the entire cost of the insurance coverage for

eligible employees as set forth in the currently existing life insurance plan as modified by Section

2.

Section 2. a. Permanent employees who are granted leave without pay in accordance

with Article 11, Article 15, and Article 30 will continue to receive 100% State-paid coverage

under the current life insurance plan as described in those articles. When the entitlements to

benefits end under those articles, employees may continue in the life insurance program by

paying the entire premium. Coverage may continue for up to a total of one year, including both

leave with benefits and leave without benefits.

b. Except as provided in c. below, those permanent employees who are placed on

suspension or who are granted leave without pay for any reason other than leave without pay in

accordance with the articles specified in a. above for longer than 91 calendar days may remain in

the program for up to one year by paying the entire premium.

49

c. Permanent employees who are regularly placed on leave without pay for one to

three months every year due to cyclical work schedules or weather conditions will continue to

receive l00% state-paid coverage for the period they are on leave. If the leave extends beyond the

regular leave period, employees may remain in the program for up to one year by paying the entire

premium.

Section 3. The amount of insurance is the employee's annual pay rate in effect on the

preceding January l, rounded to the nearest thousand dollars, but not to exceed $40,000. The

amount will be reduced to 65% on the date the insured individual reaches age 70 and to 50% on the

date the insured individual reaches age 75.

Section 4. The Employer shall continue to provide each employee who is covered under the

currently-existing life insurance plan with fully-paid accidental death benefits for work-related

accidental deaths. The amount of coverage is $25,000, unless the surviving spouse or minor

children are entitled to benefits under Act 101 of 1976.

ARTICLE 21

FEDERATION BUSINESS

Section 1. The Employer agrees to provide a separate and identified space on bulletin boards

in work locations where more than five employees in this unit are located. Such bulletin boards

shall be in areas in those work locations that are normally frequented and readily accessible to the

employees. The Federation shall have the exclusive right as the employee representative

organization to post notices directed to the employees in this unit. The bulletin board may be used

for the announcement of meetings, election of officers of the Federation and any other material

related to Federation business. The Federation shall not post material detrimental to the

labor-management relationship or of a political or controversial nature. The Federation may send

mail and/or e-mails related to Federation business to local Federation representatives and/or

officers at appropriate facilities to which mail is delivered.

Section 2. The Employer shall make available to the Federation, upon its reasonable request

and within a reasonable time thereafter, such information, statistics and records related to the

bargaining unit, which are in possession of the Employer and are necessary for the negotiations

and/or the implementation of this Agreement. The Employer shall not be required to compile such

material in the form requested if it is not already compiled in that form, unless mutually agreeable.

Section 3. No Federation member or representative shall solicit members, engage in

organization work, or participate in other Federation activities during work hours of the employees

involved on the Employer's premises except as provided for in this Agreement.

Section 4. Federation members or representatives may be permitted to use suitable facilities on

the Employer's premises to conduct Federation business during non-work hours of the employees

50

involved upon obtaining permission from the Employer's human resource officer or a designated

representative. Any additional costs involved in such use must be paid for by the Federation.

Section 5. The Employer will provide a reasonable number of employees with time off,

without loss of pay, to attend negotiating meetings, labor-management meetings and

meet-and-discuss sessions.

Section 6. A copy of any notice, directive, or bulletin relating to any bargaining unit employee

shall be made available on request of the Federation. No such notice, directive or bulletin shall be

denied to the Federation for reason that salary or related salary information is shown thereon.

Section 7. A copy of this Agreement shall be offered to each employee covered by this

Agreement who commences services with the Commonwealth after the date of execution of the

Agreement, provided the employing agency has been furnished sufficient copies for this purpose

by the Federation.

Section 8. Employees who are elected or appointed as Federation officials or representatives

shall at the written request of the employee be granted leaves without pay for the maximum term of

office. Such leaves may be renewed or extended by written mutual consent of the Federation and

the Employer. The parties hereto agree that employees, upon returning to work after such leave,

shall be offered their former position or a job of similar nature and at the same pay scale group.

ARTICLE 22

GRIEVANCES AND ARBITRATION

Section 1. Where an employee has the right to process a grievance through either the

procedure provided herein or through the Pennsylvania Civil Service Commission and files an

appeal with the Commission, either the contract grievance procedure shall cease, if the employee

has submitted a contract grievance, or the employee shall not be entitled to institute proceedings

under the contract grievance procedure. If the appeal to the Commission is withdrawn by the

employee or not accepted by the Commission within 15 working days of the date of the occurrence

of the action giving rise to the grievance, the processing of a contract grievance filed within the

time limits set forth in Section 2 shall be permitted. Additionally, if the appeal to the Commission

is not accepted outside the time limits prescribed in Section 2 of this Article, the employee shall

be entitled to institute proceedings under the contract grievance procedure within fifteen (15)

working days of the date of the Commission’s denial of appeal. Any grievance appealed outside

the fifteen (15) working day limit shall be considered untimely filed.

Section 2. Any grievance or dispute which may arise concerning the application, meaning or

interpretation of this Agreement shall be settled in the following manner:

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Step 1. The grievant shall present the grievance orally or in writing to the

immediate supervisor within 15 working days after the date of the occurrence giving rise to

the grievance or within 15 working days after the date on which the grievant learned or

reasonably should have learned of such occurrence, whichever is later. The immediate

supervisor shall attempt to resolve the matter and report a decision to the grievant within 15

working days after its presentation. Grievances presented in writing shall be answered in

writing.

Step 2. In the event the grievance is not settled at Step 1, it may be appealed in

writing to the head of the division or bureau within 15 working days after the immediate

supervisor's response is due. Upon receipt of appeal, the official receiving the appeal shall,

within 15 working days, meet with the complainant, if any, and the Federation

Representative in an effort to adjust the matter to the satisfaction of all concerned. Within

15 working days after the meeting, the official shall communicate a decision in writing to

the complainant, if any, the Federation Representative and the immediate supervisor.

Step 3. An appeal from an unfavorable decision at Step 2 shall be presented in

writing to the department or commission head within 15 working days after the response

from Step 2 is due. The department or commission head, labor relations coordinator or

labor relations officer shall communicate a decision in writing to the Federation President

within 15 working days after receipt of the appeal. A meeting shall be held if requested by

either party to make an effort to adjust the matter to the satisfaction of all concerned. The

written appeal shall identify the provisions of the Agreement in dispute, the department and

employee involved, and shall include a copy of the grievance and all prior responses. The

grievance shall not be amended after the third step of this procedure. An employee shall be

required to submit a current job description for appeals submitted under the provisions of

Section 1, Article 34.

Step 4. An appeal from an unfavorable decision at Step 3 shall be presented in

writing to the Bureau of Employee Relations, Office of Administration within 15 working

days after the response from Step 3 is due. If either party believes a grievance meeting

might serve to resolve the dispute, that party shall request a grievance meeting and, upon

mutual agreement, the parties shall meet to discuss the grievance. The Bureau of

Employee Relations shall issue a decision in writing to the Federation President within 15

working days after either receipt of the appeal or after the meeting, if one is held.

Step 5. An appeal from an unfavorable decision at Step 4 may be initiated by the

Federation only within 15 working days after the response from Step 4 is due, serving upon

the Bureau of Employee Relations, Office of Administration a notice in writing of the

intent to proceed to arbitration.

The arbitrator is to be selected by the parties jointly within seven working days after the

notice has been given. If the parties fail to agree on an arbitrator, or if no selection is made

52

within the specified time, either party may request the Bureau of Mediation to submit a list

of seven possible arbitrators.

The parties shall within seven working days after the receipt of said list meet for the

purpose of selecting the arbitrator by alternately striking one name from the list until one name

remains. The Employer shall strike the first name.

Each case shall be considered on its merits and the collective agreement shall constitute the

basis upon which the decision shall be rendered. The arbitrator shall neither add to, subtract from,

nor modify the provisions of this Agreement. The arbitrator shall be confined to the precise issues

submitted for arbitration and shall have no authority to determine any other issues not so

submitted.

The decision of the arbitrator shall be final and binding on both parties, except where the

decision would require an enactment of legislation, in which case it shall be binding only if such

legislation is enacted. The arbitrator shall be requested to issue a decision within 30 days after the

hearing or receipt of the transcript of the hearing.

All fees and expenses of the arbitrator shall be divided equally between the parties except

where one of the parties of this Agreement requests a postponement of a previously scheduled

arbitration meeting which results in a postponement charge. The postponing party shall pay such

charge unless such postponement results in a settlement of the grievance in which event the

postponement charge shall be divided equally between the parties. A postponement charge

resulting from a joint postponement request shall be shared equally by the parties. Each party shall

bear the costs of preparing its own case. Either party desiring a record of the proceedings shall pay

for the record and make a copy available without charge to the arbitrator.

Section 3. If a decision is not made under the time limits set forth in Steps 1 through 4 by the

appropriate Employer representative, then the grievance shall be deemed to be denied and the

employee or the Federation may proceed to the next step. In the event the employee or the

Federation does not meet the time requirements established in Steps 1 through 5, the last decision

made by the Employer representative shall be deemed final.

All the time limits contained in Section 2 may be extended by mutual agreement, but must

be made in writing. The granting of any extension at any step shall not be deemed to establish a

precedent.

Section 4. A grievance based on the action of authority higher than the immediate supervisor

shall be initiated at that step of this grievance procedure. The general procedures relating to that

step shall apply to the presentation and adjustment of the grievance, including the right of appeal.

Section 5. An employee desirous of having representation shall be permitted to have only

Federation representation present at each step of the grievance procedure.

53

The Federation shall furnish the Employer with the names and work locations of grievance

representatives and shall notify the Employer of any change.

An aggrieved employee and Federation representative if employees of the Employer, shall

be granted reasonable time during working hours, if requested, to present the grievance at the steps

set forth under Section 2 without loss of pay or leave time.

Section 6. Federation representatives shall be permitted to investigate and discuss grievances

during working hours on the Employer's premises if notification is given to the human resource

officer or designated representative. If the Federation representative is an employee of the

Employer, the representative shall request from the immediate supervisor reasonable time off from

regular duties to investigate and present such grievances.

Section 7. Conferences and hearings held under this grievance procedure shall be scheduled at

a time and place which will afford a fair and reasonable opportunity for the grievant, the

Federation Representative and witnesses to attend. Hearings scheduled for suspension cases shall

be held at a location mutually agreed upon by the parties.

Section 8. Nothing in this Article shall interfere with the rights of individual employees or

groups of employees to present grievances and to have them adjusted in accordance with the

provisions of Section 606 of the Public Employee Relations Act.

Section 9. The Federation shall have the right to initiate or appeal a grievance at the

appropriate step of this procedure.

Section 10. The decision at Steps 1, 2, and 3 shall not be used as a precedent for any subsequent

case.

Section 11. A grievance or dispute which may arise concerning the enforcement or application

of a rule, regulation, policy, practice, and/or procedure relating to wages, hours, terms and

conditions of employment of an employee in this unit which has been issued by an agency or

department or by the Executive Board or the Office of Administration may be processed through

the grievance procedure, provided, however, the decision at Step 3 shall be final and binding as to

a rule, regulation, policy, practice and/or procedure issued by a department or agency and the

decision at Step 4 shall be final and binding as to a rule, regulation, policy, practice and/or

procedure issued by the Executive Board or Office of Administration.

ARTICLE 23

TRAVEL EXPENSES

Section 1. Travel expenses shall be paid in accordance with the Commonwealth's existing

Travel Expense Regulations. The mileage allowance shall be the General Services Administration

54

rate. If the General Services Administration of the Federal Government increases or decreases the

mileage allowance for employees under its jurisdiction, the mileage allowance for employees

under this Agreement will be increased or decreased on the effective date of the General Services

Administration change.

Section 2. Employees who are required by the Employer to travel 15 miles or more from their

regular office worksite and whose work assignment requires they remain away from said office

worksite during their normal lunch period, shall be reimbursed for out-of-pocket lunch expenses

not to exceed $3.50 including sales tax.

Section 3. Except as herein provided, the Commonwealth Travel Expense Regulations will

govern. The Employer agrees to meet with the Federation at the Office of Administration and the

agency level to discuss changes to the Commonwealth Travel Expense Regulations and their

implementation at the agency level.

Section 4. The Employer's Corporate Card Program shall apply to employees in this unit and

be administered in accordance with the side letter dated June 14, 1999.

Section 5. If action of the Executive Board of the Commonwealth increases the subsistence or

lodging allowances during the term of this Agreement, such increased allowances will

automatically accrue to employees of this bargaining unit upon the date such increased allowances

are to become effective as the result of Executive Board action.

ARTICLE 24

SENIORITY

Section l. For the purpose of this Article, the term "seniority" means length of continuous

service within this bargaining unit.

Classification seniority standing shall be determined by the length of unbroken (as defined

in Section 3) service with the Employer in the employee’s current classification. An employee

whose position has been downgraded will have service in the higher classification counted toward

classification seniority in the lower classification.

Section 2. a. For employees having continuous employment with the Commonwealth

prior to the establishment of the bargaining unit, (February 21, 1973) "continuous service", as used

in Section l of this Article, shall include length of continuous service in any and all classifications

which were certified to this bargaining unit including classifications for which titles were changed,

or merged with continuing job titles which subsequently were certified to this bargaining unit.

b. Seniority credit for each employee is maintained as a total number of days.

Employees will then accrue seniority in accordance with the following procedure:

55

The number of regular hours paid each biweekly pay period plus the number of hours of

military leave without pay, leave without pay for union business in accordance with Article 11,

Section 6; leave without pay for work-related injuries in accordance with Article 30; and Family

and Medical Leave Act (FMLA) leave under Article 15, Section 1 will be accumulated. This total

number of hours will be divided by 7.5 or 8.0 as applicable and rounded up to the next highest day.

The result will be added to the employee's accumulated total.

Section 3. The following shall constitute a break in continuous service: resignation, separation

for just cause, retirement, acceptance of other permanent employment while on leave, expiration of

recall period, and acceptance of Commonwealth employment outside the classifications of the

Educational and Cultural employee unit. If continuous service is broken by any of the above, the

employee shall lose bargaining unit seniority and classification seniority for purposes of this

Article. If the employee is returned within one year after such break in service, the employee shall

be entitled to that seniority accrued up to that point in time when the break in service started, but

shall not be entitled to any credit for the time represented by such break in service. Employees

who are furloughed and who file applications for retirement benefits which are subsequently

approved, will be considered to have a break in service as of the date of the approval of benefits by

the State Employees' Retirement Board. Seniority unit means that group of employees in a

classification within an affected institution, bureau, agency or department operational structure as

listed in Appendix E.

Section 4. Seniority unit means that group of employees in a classification within an affected

institutional, bureau, agency or department operational structure as listed in Appendix E. A

seniority list, for each seniority unit, as listed in the attached Appendix E, in the order of

descending seniority, shall be prepared and revised, where necessary, every six months. Such lists

shall be posted on the appropriate bulletin boards, and a copy shall be provided directly to the

Federation at the time of posting. A seniority unit listed in Appendix E may be renegotiated at the

request of either party. If agreement is not reached, either party may submit a request for

arbitration.

Section 5. Employees who served in the Armed Forces of the United States during periods

of war in which the United States was or is engaged as listed below shall be responsible for

providing proof of military service to their human resource officer within 60 days of their first

day of work or 60 days after discharge or release from active duty during a current period of war

in order to receive seniority credit in accordance with the Veteran's Preference Act 51 Pa. C.S.

7101. Failure to provide the required proof of service during the time period shall bar the

employee or union from claiming credit for such service at a later date.

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Applicable periods of war are as follows:

(1) World War II – December 7, 1941-September 2, 1945

(2) Korea – June 25, 1950-July 27, 1953

(3) Vietnam – August 5, 1964-January 28, 1973

(4) Persian Gulf – August 2, 1990-August 31, 1991

(5) War on Terrorism, September 11, 2001 to date determined by the Adjutant

General (Department of Military and Veterans Affairs) pursuant to

51 Pa.C.S. 7101.

Section 6. When the Employer determines that a furlough affecting this bargaining unit is

necessary, the Employer will give a one month advance written notice to the Federation, except

where circumstances would not permit it. Thereafter, at the Federation's request, the Employer and

the Federation will have continuing discussions concerning the layoff or furlough as more

information becomes available. Layoffs or furloughs of employees in this unit shall be

accomplished in the following manner:

a. Within a class, or, if there are parentheticals, then within the parentheticals in the

class, within the seniority unit in the inverse order of seniority as defined in Section l of

this Article.

b. If there is a lower class in the classification series, the affected employee shall

bump back within the classification series within the seniority unit provided the employee

has the requisite applicable seniority, and meets the requirements for the position at the

time of the furlough.

c. If the affected employee is unable under Subsections a. and b. above to bump into a

position, they may bump laterally or down into any classification previously held within

the seniority unit, provided the employee has the requisite applicable seniority. If such a

bump is still not available, the employee shall bump into any other lower classification of

the classification series of the position previously held using the same procedure.

d. If the affected employee is unable to exercise a bump in Subsections a., b. or c. they

may, if their current classification is contained in Appendix G, bump the least senior Basic

Education Associate 1 within the seniority unit provided they have the requisite applicable

seniority, skill and ability. If they are unable to exercise the bump within the Basic

Education Associate 1 class, then they may bump the least senior Education Administration

Specialist in the seniority unit provided they have the requisite applicable seniority, skill

and ability. If they are unable to bump the least senior Education Administration Specialist

in the seniority unit, then they may bump the least senior Education Administration

Associate in the seniority unit provided they have the requisite applicable seniority, skill

and ability. If the affected employee's classification is contained in Appendix G and they

are unable to bump under Subsections a., b., c., or d. then they will be furloughed.

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e. If the affected employee's classification is contained in Appendix H and they were

unable to bump under Subsections a., b. and c. of this Article, they may bump the least

senior Education Administration Specialist in the seniority unit provided they have the

requisite applicable seniority, skill and ability and the bump does not result in a promotion.

If unable to bump into the Education Administration Specialist class, then they may bump

the least senior Education Administration Associate provided they have the requisite

applicable seniority, skill and ability.

If the affected employee whose classification is in Appendix H is unable to bump

under Subsections a., b., c. or e., then they will be furloughed.

f. If the affected employee's classification is contained in Appendix I and they were

unable to bump under Subsections a., b., and c. of this Article, they may bump the least

senior Education Administration Associate in the seniority unit provided they have the

requisite applicable seniority, skill and ability. If the affected employee whose

classification is in Appendix I is unable to bump under Subsections a., b., c. or f., then they

will be furloughed.

g. The procedures for bumping must be followed in the order set forth in a. through f.

above. That is, no person may proceed to a subsequent step in this bumping procedure if

they are able to secure a bump under the preceding step. In addition, no person shall secure

a position with a higher pay scale group as a result of the implementation of this Section.

h. Employees who secure a bump into the Education Administration Specialist or

Educational Administration Associate class as a result of procedures d. through f. above

will be required to serve a three-month probationary period during which time the

provisions of Article 35, Section 1, shall not apply; that is, the Employer shall not be

required to show just cause for removal during such probationary period. Employees who

are removed during this probationary period shall retain recall rights under Section 8 of this

Article and be treated as furloughees from their original position. If the Employer decides

to fill a position which has become vacant as a result of a removal during this probationary

period, it shall be filled in accordance with Section 8 of this Article.

i. In cases where a seniority unit is comprised of more than one geographic work

location, an affected employee, who in exercising his or her bump rights would otherwise

be required to move into another geographic location within the seniority unit, may bump

the employee with the least applicable seniority in the affected employee’s current work

unit. If there is no available bump then the affected employee may bump the employee

with the least applicable seniority in the closest geographical location within the seniority

unit.

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j. For the purpose of the exercise of bumping rights in this Section, permanent full-

time employees shall have bumping rights to both full-time and part-time positions. A full-

time employee shall bump the least senior full-time employee in the seniority unit,

provided they have the requisite seniority, skill and ability before bumping the least senior

part-time employee in the seniority unit, provided they have the requisite applicable

seniority, skill and ability.

k. Permanent part-time employees shall have bumping rights to part-time positions

only.

Section 7. In any class within the unit affected by layoffs or furloughs, all emergency,

temporary and provisional employees shall be laid off or furloughed before any other employee.

Section 8. The Employer shall establish a preference list by seniority unit for those persons

who have been furloughed or laid off under the provisions of Section 6 of this Article in the inverse

order of such layoff or furlough. The list shall remain in effect for a period of three years and shall

be used in the order of seniority to fill vacancies within a classification or a lower classification

within the series from which the persons on the preference list may have been furloughed or laid

off. In the event a person refuses an offer of recall to a position classification from which

furloughed or laid off, the employee shall be dropped from further consideration for recall.

Refusal of a position having a lower pay scale group shall not affect the employee's place on any

preference list.

a. During the period that an employee is on a recall list, the employee shall keep the

Employer informed of any changes in address.

b. The recall period of a furloughed employee who, during the recall period, returns to

the furloughing agency's payroll in a temporary capacity shall be extended by the amount of time

the employee serves in the temporary capacity.

c. A furloughed employee who, during a recall period, returns to the Employer's

payroll in a temporary capacity shall upon recall from the furlough to permanent employment be

credited with seniority for the amount of time spent in the temporary capacity.

d. A furloughed employee who, during a recall period, returns to the Employer's

payroll in a temporary capacity shall be eligible for all benefits enjoyed by permanent employees,

provided other applicable eligibility requirements are met.

e. A furloughed employee shall forfeit all recall rights under this Section under the

following circumstances:

1) For a defined benefit retirement plan employee or a hybrid retirement plan

employee, recall rights are forfeited when the furloughed employee

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applies for and receives retirement benefits from the State Employees’

Retirement System or the Public School Employee’s Retirement System,

as of the date of the approval of such benefits.

2) For a defined contribution retirement plan employee, recall rights are

forfeited when the furloughed employee receives a full distribution from

his or her defined contribution plan, as of the date of such distribution. A

furloughed employee who receives less than a full distribution from his or

her defined contribution plan shall not forfeit his or her recall rights under

this Section.

f. A permanent part-time employee shall only have recall rights under this section to

part-time positions. (temporary or permanent)

Section 9. In the event of a furlough affecting employees currently (for the intent of this

Article, currently means at the time of furlough) in the meet and discuss unit but who formerly

occupied a classification within this bargaining unit, such employees shall first bump into the

classification within the seniority unit occupied immediately prior to leaving this bargaining unit,

or if such a bump is not available, then into any lower classification in the same classification

series, provided in both situations above that the classification is within the same seniority unit in

which the furlough is occurring and provided that the employee has more bargaining and meet and

discuss seniority than the employee with the least amount of bargaining unit seniority in that

classification and meets the existing requirements for the position at the time of the furlough, and

provided that the employee has not had a break in service as defined in Section 3 since leaving the

bargaining unit. Bargaining unit seniority previously earned shall accrue to the employee upon

return to the bargaining unit. Seniority earned by the employee while in the meet and discuss unit

shall accrue to the employee upon movement back to the bargaining unit.

Section 10. a. The subject of class series for bumping purposes for positions certified to

this unit may be discussed by the Federation in any agency where employees are covered by this

Agreement through meet and discuss sessions as defined by Section 301 (17) of Act 195 and may

apply to any agency.

b. In the event of an agreement concerning a class series for bumping purposes which

supplements, but would not supplant, the provisions of Section 5 of this Article, such agreement

shall be reduced to writing and shall be subject to approval of the Office of Administration. Any

agreement concerning class series for bumping purposes shall apply to this Agreement and shall

terminate on the termination date of this collective bargaining agreement.

Section 11. For the purpose of layoff and furlough only, superseniority shall be granted to no

more than a total of twenty-two (22) rank and file and first level supervisory Federation officers

which may include the Executive Board and the Grievance Chairperson.

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The Federation will provide the Bureau of Employee Relations with changes to the list of

employees to be granted superseniority on a quarterly basis - January 1, April 1, July 1 and

October 1.

Effective the date the furlough is announced the number of Federation officers within each

affected agency who have been accorded superseniority shall remain unchanged until the furlough

is executed.

The Federation may within five (5) working days following the announcement of a

furlough notify the Commonwealth of any changes of incumbents to those positions. Changes to

the list which are submitted after the five day period will not be considered in that furlough unless

those changes are made pursuant to the provisions of Paragraph 2, above.

Section 12. If an employee is unable to execute a bump as provided in Article 24, Section 6,

and is placed on a furlough list, the Commonwealth will attempt to place the employee in a

budgeted, available, uncommitted vacancy in a classification covered by this agreement to which

there are no seniority claims in the following manner:

a. Placement will be made to positions in classifications covered by this Agreement

to which an employee has bumping rights in any agency under the jurisdiction of the

Governor provided the employee possess the requisite skill and ability. In addition,

placement will be made to entrance level vacancies in any classification covered by this

Agreement in the same or lower pay scale group in the agency from which the employee

was furloughed, provided the employee meets the minimum requirements and

qualifications essential to the work of the vacancy.

If an employee is unable to be placed under Paragraph one of this Subsection,

placement will be made to entrance level vacancies in a classification in the same or

lower pay scale group in the same bargaining unit from which the employee was

furloughed in any agency under the jurisdiction of the Governor, provided the employee

meets the minimum requirements and qualifications essential to the work of the vacancy.

b. Employees placed in entrance level vacancies which are not in the classification

or classification series which an employee previously held will serve a six month

probationary period during which the provisions of Article 35, Section 1 shall not apply.

Employees who are terminated for failure to successfully complete the probationary

period shall retain recall rights under Section 8 of this Article.

c. Geographic limitations for the application of this Section will be designated by

the employee completing a placement questionnaire. The employee may choose up to ten

counties in which the employee would be available for employment or a statewide

availability.

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d. Placement will be made in order of the applicable seniority; however, employees

with an earlier furlough date will be placed in vacancies before employees with a later

furlough date.

e. Civil service employees will have placement rights to both civil service and non-

civil service vacancies consistent with the requirements outlined in Paragraph one of this

Section.

Non-civil service employees will have placement rights only to non-civil service

vacancies, except that if an appropriate vacancy in a non-civil service position is not

available and the employee previously was a member of the classified service in a

classification to which the employee would have rights under the Section, placement in

that civil service classification will be attempted consistent with the requirements

outlined in Paragraph one of this Section and in accordance with the Civil Service Act

and Rules.

f. Employees will be offered placements in one vacant position. If an employee

declines the offer of placement, the employee’s rights under this Section cease. The

furloughed employee shall retain recall rights as outlined in Section 8 of this Article.

g. If an employee accepts an offer of placement under this Section, any other

placement rights to which an employee may be entitled under this Section cease.

h. In addition, employees shall complete an “Availability for Temporary

Employment” questionnaire. If an employee indicates a desire not to be offered

placement to temporary positions no such offers will be made and placement rights to

permanent positions will not be affected. However, if an employee indicates a desire to

be offered a temporary position and refuses such an offer, the employee shall forfeit all

placement rights.

i. Employees placed in vacancies in the same classification from which furloughed

or in vacancies in other classifications at the same pay scale group of the classification

from which furloughed will lose recall rights outlined by Article 24, Section 8. Those

employees placed in a classification in a lower pay scale group will retain their recall

rights under Article 24, Section 8.

j. The provisions of this Section will be implemented at the time the employee’s

completed placement questionnaires are received by the central human resource office of

the appropriate agency and will continue for six months after the employee has been

furloughed. When the six month period has expired, an employee’s rights under this

Section cease. However, the employee will retain recall rights under Article 24, Section

8, except as provided in Subsection i. The provisions of this Section will not be

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implemented on behalf of employees who do not return completed placement

questionnaires.

k. A furloughed employee shall forfeit any placement rights under this Section under

the following circumstances:

1) For a defined benefit retirement plan employee or a hybrid retirement plan

employee, placement rights are forfeited when the furloughed employee

applies for and receives retirement benefits from the State Employees’

Retirement System or the Public School Employee’s Retirement System,

as of the date of the approval of such benefits.

2) For a defined contribution retirement plan employee, placement rights are

forfeited when the furloughed employee receives a full distribution from

his or her defined contribution plan, as of the date of such distribution. A

furloughed employee who receives less than a full distribution from his or

her defined contribution plan shall not forfeit his or her recall rights under

this Section.

Section 13. A joint committee composed of representatives from the Federation and the

Commonwealth shall be established with the intent of reviewing furlough procedures for this

bargaining unit.

ARTICLE 25

POSTING OF VACANCIES

Section 1. The Employer agrees to post, at appropriate work locations, unit vacancies that are

to be filled at least l5 working days prior to the filling of vacancies unless an emergency requires a

lesser period of time. The notice shall include the title of the job, pay scale group, work location,

qualifications and the person to whom application should be made.

Section 2. For informational purposes only, the Employer agrees to post management level

vacancies except those being filled by non-competitive promotions without examination of

classifications within this unit, by agency, that are to be filled. The Employer will simultaneously

forward to the Federation representative (name and address to be supplied by the Federation) a

copy of the posting.

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ARTICLE 26

PERSONNEL RECORDS

Section 1. Employees shall have the right to review and make copies of the contents of their

own personnel file(s) maintained at the appropriate agency. Privileged information such as

confidential credentials and related personal references normally sought at the time of employment

may be exempted from such review.

Section 2. No material derogatory to an employee's conduct, service, character or personality

shall be placed in the files unless the employee has had an opportunity to read the material.

Employees shall acknowledge that they have read the material by affixing their signature on the

material to be filed, with the understanding that such signature merely signifies that the employee

read the material and does not indicate agreement with its content. Material not brought to the

employee's attention within 10 work days after its receipt by the immediate supervisor or other

appropriate official shall not be placed in the file. Any anonymous material placed in an

employee's files shall be removed therefrom.

Section 3. The employee shall have the right to answer any material filed and that answer shall

be attached to the filed material.

Section 4. Only those personnel who have an official right and reason for doing so may

inspect an employee's files.

Section 5. Employees may request removal of material from their file when they have proved

such material to be untrue and have recourse to the grievance procedure should a question arise as

to the validity of the proof offered by the employee. It is understood that this Section does not

apply to anything contained in a performance evaluation.

Section 6. Administrators shall be encouraged to place in the employees' files information of a

positive nature indicating special competencies, achievements, performances or contributions of an

academic, professional or civic nature. Any such materials received from an outside, competent

responsible source may also be included in the employee's file.

Section 7. If the official personnel file is subpoenaed in accordance with law, the custodian of

the record will notify the employee upon receipt of the subpoena. Should the custodian be

otherwise unable to contact the employee, the employee shall be notified in writing.

Section 8. The personnel file shall not contain adverse records unrelated to Commonwealth

employment or of unfounded charges or complaints which could adversely affect the employee's

employment or career. After a two-year period, a written reprimand or reference to an oral

reprimand shall be removed from the employee's official personnel folder if no intervening

incidents of the same or a similar nature have occurred.

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ARTICLE 27

UNEMPLOYMENT COMPENSATION

Employees shall be eligible for unemployment compensation benefits as provided by law.

ARTICLE 28

HEALTH AND SAFETY

Section 1. The Employer will take positive action to assure compliance with laws and

regulations concerning the health and safety of employees working in state-owned or leased

buildings and to assure compliance with all lease provisions affecting the safety and health of

employees.

Section 2. The Employer agrees to establish a health and safety committee at each worksite.

Multi-agency committees may be established by mutual agreement. The purpose of the committee

shall be to investigate present or potential safety hazards and security problems and to make

recommendations for corrective actions. Unless otherwise agreed by the parties, the committees

shall meet once quarterly unless a clear and present danger situation warrants a special meeting.

Federation representatives on the committee shall be given a reasonable amount of time during

working hours to investigate safety and health hazards brought to the committee and to serve on

this committee. Federation representatives on health and safety committees will be given

consideration to attend safety training in accordance with the provisions of Article 11, Section 7.

Section 3. The Employer agrees to inform the local Federation, as soon as possible, when

representatives of the Bureau of Occupational and Industrial Safety, Department of Labor &

Industry, or other state or federal agencies involved in the establishment or enforcement of laws

concerning or affecting the health and safety of employees working in state-owned or leased

buildings are on the premises for an inspection or to conduct an investigation concerning a health

or safety issue. A designated Federation representative located on the premises shall be allowed to

accompany such representatives on inspection tours of the work site to point out deficiencies,

without loss of pay or leave time. In addition, when the Employer is aware of the presence of

representatives of such regulatory agencies who are at the work site for the purpose of safety

inspections, the Employer agrees to inform the local Federation.

Section 4. The Employer will not assign employees to any work area in any building owned or

leased by the Commonwealth while there is clear and present danger to their safety and such a

danger is not an anticipated part of the normal and expected responsibilities and risks of the job in

question.

Section 5. The Employer will take appropriate action to protect its employees from injury

while at work. Where clear and present hazardous conditions exist at a work site, the Employer

shall post appropriate warning signs and take immediate action to abate the hazard.

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Section 6. Upon request, the Employer shall provide the Federation with information

concerning the use of materials at the work site. This information shall include known data

regarding chemical composition and side effects, and what protective measures, if any are

necessary, have been taken.

Section 7. Upon written request, the Federation shall be provided with copies of statistical

reports concerning work-related accidents.

Section 8. If an employee experiences an exposure as defined in Act 148 to an inmate's blood

and body fluid, the employee and the Employer shall follow the procedures outlined in Act 148 of

1990. If such procedures require an employee to attempt to obtain a court order to obtain the HIV

status of the inmate, the Employer shall reimburse reasonable attorney's fees unless the Employer

determines that the attempt to obtain the court order is without merit. An employee may utilize the

grievance procedure to challenge the Employer's denial of reasonable attorney's fees.

Section 9. When a Librarian in the Department of Corrections is required to perform duties

appropriate to their job classification on a Level 5 housing unit (i.e., notary services, book

delivery, etc.), the Librarian may request a Corrections Officer remain with them during the time

spent on the housing unit.

ARTICLE 29

SPECIAL AND PART-TIME EMPLOYEES

Section 1. Present practices relating to part-time, irregularly scheduled and specially classified

employees shall remain as is.

Section 2. Employees referred to in Section l shall only be entitled to those fringe benefits

presently received subject to any modifications to those specific fringe benefits provided for in this

Agreement. If prior fringe benefits were prorated, the modifications to those fringe benefits shall

likewise be prorated. No additional fringe benefits shall accrue by virtue of the provisions of this

contract.

ARTICLE 30

WORK-RELATED INJURIES

Section 1. a. An employee who sustains a work-related injury during the period of this

Agreement as a result of which the employee is disabled, if so determined by a decision issued

under the operation of the Workers’ Compensation program, shall be entitled to use accumulated

sick, annual, or injury leave without pay. While using accumulated leave, the employee will be

paid a supplement to workers' compensation of full pay reduced by an amount that yields a net

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pay, including workers’ compensation and social security disability benefits, that is equal to the

employee's net pay immediately prior to the injury. Net pay prior to injury is defined as gross

base pay minus federal, state, and local withholding, unemployment compensation tax, social

security and retirement contributions. One full day of accumulated leave (7.5 or 8 hours as

appropriate) will be charged for each day the supplement is paid. Accumulated leave and injury

leave without pay may be used for an aggregate of nine (9) months (274 calendar days) or for the

duration of the disability, whichever is lesser, except that, if only accumulated leave is used, it

may be used beyond nine (9) months (274 calendar days) until exhausted or until the disability

ceases, whichever occurs sooner. In no case, however, will the aggregate of nine (9) months

(274 calendar days) extend beyond three years from the date the injury occurred. If no leave is

available under this Section, the provisions of Section 11 may apply.

For temporary employees, accumulated leave and injury leave without pay shall be

available for an aggregate of up to nine (9) months (274 calendar days), for the duration of the

disability or for the scheduled duration of the temporary employment, whichever is the least. In

no case, however, will the aggregate of nine (9) months (274 calendar days) extend beyond three

years from the date the injury occurred.

The employee election to use or not use accumulated leave under this Section cannot be

changed more than once.

b. State-paid coverage for life insurance and state payments toward coverage for

health benefits as provided in Articles 20 and 19 will continue for the period of time that the

employee is on leave under Sections 1.a. and 10 and for the first 13 weeks (91 calendar days)

after leave under Section 1.a. expires if the employee remains disabled, provided that the

employee’s right of return under Section 6 has not expired.

Section 2. An employee who works a reduced number of hours (part-time) due to partial

disability may use leave in accordance with Section 1.a. Pay for accumulated leave used will be

calculated in accordance with Section 1.a., based on the net amount of lost earnings.

Section 3. Retirement credited service for the period of time that the employee is using leave

under this Article, shall be determined in accordance with the State Employees' Retirement

Code.

Section 4. At the expiration of the leave under Section 1.a., if an employee continues to

receive workers' compensation, the employee will be placed on leave without pay in accordance

with Section 6 below.

Section 5. An employee is required to refund to the Employer the amount of any

overpayment. In no case shall an employee be entitled to full pay and workers' compensation

and/or social security for the same period. The Employer shall recover any amount in excess of

the paid supplement to workers' compensation as described in Section 1.a. Failure to apply for

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or report social security or other applicable disability benefits to the Employer will result in the

termination of the leave under Section 1.a.

Section 6. An employee has the right to return to a position in the same or equivalent

classification held before being disabled, for a period of up to three years from the date the injury

occurred provided the employee is fully capable of performing the duties of that position, subject

to the furlough provisions of Article 24, Seniority. This guarantee expires if the disability ceases

prior to the expiration of the three year period and the employee does not return to work

immediately or if the employee retires or otherwise terminates employment. During the period

of time between the end of the leave under Section 1.a. or Section 10, where applicable, and the

end of the guarantee in this Section, the employee will be on leave without pay.

Disabled employees receiving workers' compensation will be notified 90 days prior to the

expiration of the three year period. The notification will include information concerning the

employee's right to apply for disability retirement, if eligible. If the employee does not receive

90 days notice, the employee's right to return will not be extended. However, the leave without

pay will be extended for 90 days from the date of notification to enable the employee, if eligible,

to apply for disability retirement.

The right of return for temporary employees shall be limited to the scheduled duration of

the temporary employment.

Section 7. The compensation for disability retirement arising out of work-related injuries

shall be in accordance with the State Employees' Retirement Code.

Section 8. An employee who sustains a work-related injury, during the period of this

Agreement, if so determined by a decision issued under the operation of the Workers'

Compensation program, may use sick or annual leave for the purpose of continued medical

treatment of the work-related injury in accordance with Articles 7, 8, and 9. If no paid leave is

available, an employee may use leave without pay. Each absence shall not exceed the minimum

amount of time necessary to obtain the medical treatment. Employees shall make reasonable

efforts to schedule medical appointments during non-work hours or at times that will minimize

absence from work. Verification of the length of the medical appointment may be required.

This Section is not applicable to any absence for which workers' compensation is payable. When

workers' compensation is payable, the provisions of Section 1 shall apply.

Section 9. Sections 1 through 8, 10 and 13 of this Article shall not be applicable to

employees whose injuries are within the scope of either Act 193 of 1935, P.L. 477, as amended

or Act 632 of 1959, P.L. 1718, as amended.

Section 10. An employee who is disabled due to a recurrence of a work-related injury after

three years from the date the injury occurred, or before three years if the leave entitlement in

Section 1 has been depleted, shall be entitled to use accumulated leave and injury leave without

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pay while disabled for a period of up to 12 weeks. To be eligible to use injury leave without pay,

the employee must have been at work at least 1250 hours within the previous 12 months. The 12

week period will be reduced by any other leave used within the previous 12 months that was

designated as leave under the provisions of the Family and Medical Leave Act. If only

accumulated leave is used, it may be used beyond 12 weeks until exhausted or until the disability

ceases, whichever occurs sooner. While using accumulated leave, the leave will be charged and

paid in accordance with Section 1.a.

Section 11. It is understood by both parties that the provisions of this Article are consistent

with the Family and Medical Leave Act of 1993, USC Section 2601 et seq. and that leave

granted in accordance with Sections 1.a. and 10 shall be designated as leave under the provisions

of the Act.

Section 12. It is understood by both parties that the provisions of this Article are consistent

with the Americans with Disabilities Act and the Pennsylvania Human Relations Act, 43 P.S.

Sections 951 et seq.

Section 13. Should the Patient Protection and Affordable Care Act of 2010, 42 USC, § 18001

et seq. or its regulations be modified or interpreted to not provide an additional 91 calendar days

of benefits, as described in Section 1.b. of this Article, it is agreed that the health and life

insurance entitlements outlined in this Article will not be diminished.

ARTICLE 31

MANAGEMENT RIGHTS

Section 1. It is understood and agreed that the Commonwealth, at its sound discretion,

possesses the right, in accordance with applicable laws, to manage all operations including the

direction of the working force and the right to plan, direct, and control the operation of all

equipment and other property of the Commonwealth, except as modified by this Agreement.

Matters of inherent managerial policy are reserved exclusively to the Commonwealth,

which shall include but shall not be limited to such areas of discretion or policy as the functions

and programs of the Commonwealth, standards of service, its overall budget, utilization of

technology, the organizational structure, and selection and direction of personnel; subject,

however, to the provisions of Article 32, Consultation, and except as modified by this Agreement.

Section 2. The listing of specific rights in this Article is not intended to be nor should be

considered restrictive or a waiver of any of the rights of management not listed and not specifically

surrendered herein whether or not such rights have been exercised by the Commonwealth in the

past.

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ARTICLE 32

CONSULTATION

Section 1. Committees of the Federation shall meet the chief management official of the

separate employing Commonwealth agencies, or authorized designees, to discuss matters of policy

affecting wages, hours and terms and conditions of employment and matters relating to the

implementation of this Agreement and other problems of the employee-management relationship.

At the request of either party, a labor/management committee meeting shall be held not more than

one each month at a time and date mutually agreed upon. By mutual consent of the parties, more

frequent meetings may be held upon request of either party. An agenda shall be prepared by the

requesting party and forwarded to the other party at least five working days prior to each meeting.

Section 2. Meetings shall be scheduled during the regular work day at a mutually satisfactory

time. The Federation representatives shall suffer no loss of salary for attendance at these meetings.

Section 3. The Employer shall not, take any action changing or establishing any policy or

practice affecting the conditions of employment without a prior “meet and discuss” with the

Federation.

Section 4. A joint Federation-Commonwealth committee comprised of equal numbers of

members representing each group (not exceeding three persons from each group) shall meet for the

purpose of recommending criteria for evaluating and promoting employees in this unit. In addition

the Committee will meet and discuss, upon request, over any issues arising under Article 38 which

are not subject to the grievance and arbitration procedure.

ARTICLE 33

EQUAL EMPLOYMENT OPPORTUNITY

Section 1. If any provision of this Agreement is in conflict with Federal Executive Orders

11246 and 11375, as amended, the Civil Service Rights Act of 1964, and all laws and rules

relating to the Commonwealth's Equal Employment Opportunity Program, and the Americans

with Disabilities Act, the provisions of aforementioned Orders, laws and implementing

regulations shall prevail.

Disputes regarding the application and implementation of the Orders, laws and

implementing regulations shall be subject to arbitration.

This provision does not constitute a waiver of rights under Act 195.

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ARTICLE 34

CLASSIFICATION

Section 1. The position classification plan, as established and maintained by the Employer,

consists of a schedule of classification titles with classification specifications for each classification

which define and describe representative duties and responsibilities and sets forth the minimum

requirements and qualifications essential to the work of the classification. If an employee

considers their permanent position to be improperly classified, the employee may process an

appeal for a reallocation of their position through the Expedited Classification Grievance

Procedure as follows:

Step 1: The Employee or the Union will present the grievance to the Office of

Administration, Bureau of Organization Management. The preferred method is to send an email to

the Office of Administration, Classification Grievances resource account (RA-

[email protected]). The Employee or the Union shall attach to the grievance a

description of the job.

In the case of grievances involving a downward reclassification or a temporary working out

of classification assignment under Section 3 of this Article, the employee shall present the

grievance within 15 working days of the date of the occurrence giving rise to the dispute, or when

the employee knew or by reasonable diligence should have known of the occurrence.

The Employer will respond in writing within 60 working days of receipt of the grievance.

This period may, however, be modified by mutual agreement.

If a determination is made by the Employer in the course of an employee appeal that a

position should be upgraded, the employee shall be promoted retroactively to the date the

grievance was filed in writing.

If a final determination is made by the Employer in the course of an employee appeal or an

Employer-initiated classification review that a position should be downgraded, the employee shall

be demoted to the proper classification and pay scale group at the nearest level (step) not greater

than the employee's current salary. If the employee's salary is greater than the maximum level

(step) of the lower pay scale group, there shall be no reduction in salary. The effective date of the

classification change shall be the first day of the first pay period subsequent to the response.

If a final determination is made by the Employer in the course of an employee appeal or an

Employer-initiated classification review that a position should be reclassified to another class in the

same pay scale group, the effective date of the classification change shall be the first day of the

first pay period subsequent to the response.

Section 2. The Federation, in response to an unfavorable decision at Step 1 may submit

classification appeals to an arbitration panel, within 45 working days after the Office of

mailto:[email protected]

mailto:[email protected]

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Administration’s response is due. The panel shall consist of three members; one member

appointed by the Employer, one member appointed by the Federation, and a third member selected

jointly by the parties. The third member shall not be affiliated, directly or indirectly, with any

labor organization or be an employee of the Commonwealth and must be knowledgeable in the

field of position classification. The parties agree to select arbitrators and agree upon hearing dates

as expeditiously as possible. Grievances that are not scheduled for an arbitration hearing within

two years of the notice of intent to proceed to arbitration will be considered to have been

withdrawn. It is understood that the two year time limit refers to the Union proposing selection

of an arbitrator and a hearing date for the case, rather than the actual conduct of the hearing.

The panel shall neither add to, subtract from, nor modify the provisions of this Article, nor

recommend any alterations or revisions to the Commonwealth's classification and compensation

plans. The panel shall be confined to deciding the proper classification in the then existing

classification plan for the position in dispute.

The findings of the panel shall be submitted to the parties within 30 days after the hearing

or receipt of transcript when taken. The determination of the panel shall be final and binding in

those cases where an employee's position is downgraded as a result of an employee appeal or an

Employer-initiated classification review. In all other cases, the decision of the panel shall be

advisory only as to the Employer.

Section 3. The Federation recognizes the right of the Employer to direct its working forces,

which includes the assignment of work to individual employees, and it further recognizes that such

assignments may include work outside an employee's classification. However, it is understood that

assignments outside of classification shall be made in a manner consistent with the Employer's

operations and organizational requirements.

Whenever an employee temporarily is charged to perform in general the duties and

responsibilities of a position in a higher rated classification that are separate and distinct from those

of the employee's own position for a period of five full cumulative days in a quarter, the employee

shall be compensated retroactive to the time the assignment took place, at an amount equal to four

and one-half percent of the employee's current rate of pay, or at the starting rate of the pay scale

group for the higher classification, whichever is greater. Employees who are charged to perform

higher class work for a full day and who take leave for a portion of that day will be compensated,

in increments of 1/4 hour, for the partial day worked in the higher class after the five full day

threshold has been met. An employee, while temporarily working and being paid in a higher class

will also be paid at a higher rate for a holiday provided the employee is charged to perform the

higher level duties on the employee's scheduled work day immediately before and immediately

after such holiday and is paid at the higher rate on those days. The holiday shall not count toward

the requirement for five full cumulative days in a quarter. Once the requirement for the five full

cumulative day threshold has been met, payment will be included in the employee's biweekly

paycheck. If the position is filled permanently by other than the employee temporarily filling the

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position, the employee temporarily assigned shall be returned to the previous position and

compensation, but shall receive any increments and service credits to which they would have been

entitled had they remained in their normal assignment. An employee or employees shall not be

temporarily assigned to perform in general the duties and responsibilities of a position in a higher

rated classification for more than nine continuous months or the length of the leave of absence of

the employee being replaced, whichever is greater.

In addition, if the Employer assigns an employee on a temporary basis to a lower

classification or if an employee performs some duties and functions assigned to a lower

classification, the employee so assigned shall receive the compensation of the higher level to which

regularly assigned. The Employer, however, at any individual work site shall make such

assignments on a non-discriminatory basis so as to equalize the same among employees within the

classification from which assignments are made, so long as such equalization does not interfere

with efficient operating procedures.

Grievances arising from Section 3 of this Article shall be submitted in writing and the

employee shall attempt to include the dates on which the alleged out-of-class work occurred and a

description of the alleged higher level work performed. The failure of the employee to provide the

required information will not affect the validity of the grievance. Grievances pertaining to this

Section shall be processed in accordance with the grievance and arbitration procedure delineated

in Sections 1 and 2 of this Article. The decision of the arbitration panel shall be final and binding.

For the purpose of this Section, the calendar quarters shall be defined as beginning with

the first full pay period in January through March 31, April 1 through June 30, July 1 through

September 30, and October 1 through the last full pay period of the leave calendar year, which is

the pay period that includes December 31.

Section 4. Under Sections 2 and 3 above, all fees and expenses of the arbitrator shall be

divided equally between the parties except where one of the parties of this Agreement requests a

postponement of a previously scheduled arbitration meeting which results in a postponement

charge. The postponing party shall pay such charge unless such postponement results in a

settlement of the appeal in which event the postponement charge shall be divided equally between

the parties. A postponement charge resulting from a joint postponement request shall be shared

equally by the parties. Each party shall bear the costs of preparing and presenting its own case.

Either party desiring a record of the proceedings shall pay for the record and make a copy available

without charge to the arbitrator.

Section 5. The Employer agrees to furnish a copy of the current job specifications and pay

scale groups of each position certified as within this bargaining unit and of all subsequent changes

thereto.

Section 6. The Employer shall notify the Federation of changes to the Classification and Pay

Plan involving jobs presently in or reasonably anticipated to be placed in certified bargaining units

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for which the Federation is the representative, prior to the submission of these changes to the

Executive Board of the Commonwealth. The Federation will submit its comments in writing to the

Employer within 30 calendar days of receipt of the notification. If written comments are not

received from the Federation within 30 calendar days, the Employer will contact the Union before

submitting the proposals to the Executive Board. Reasonable written requests by the Union for

time extensions will be granted.

If the Federation disagrees with a change to the Classification and Pay Plan affecting an

existing job represented by the Federation that is proposed by the Employer, the Federation may

submit the issue to the Job Evaluation Committee. The Committee will be comprised of

representatives from the Federation and the Office of Administration, Bureau of Organization

Management. Agency management representatives may sit on the Committee when deemed

necessary by the Employer, and the Federation representatives may sit on the Committee when

deemed necessary by the Federation. The Federation will place issues before the Committee by

submitting a written request to the Office of Administration, Bureau of Organization Management.

The request will identify the Federation’s specific objections to the Commonwealth’s proposal and

the Federation’s rationale for the objections. The Committee will then meet to review and discuss

the Federation’s objections. Either party may elect to hold a subsequent meeting of the Committee

for the purposes of hearing from potential affected representative employees chosen by the

Federation. The Employer will provide a written response to the Federation upon completion of its

review.

Disputes not resolved by the Job Evaluation Committee may be submitted by the

Federation to an Arbitration Panel. The Federation must submit a written notice of intent to

proceed to arbitration to the Employer within 45 working days of the Employer’s written response

to the Federation. The Arbitration Panel shall be composed of three members; one appointed by

the Federation, one appointed by the Employer, and the third to be mutually agreed upon or

selected from a list of arbitrators supplied by the Pennsylvania Bureau of Mediation. The Panel

will be confined to considering the appropriateness of the changes proposed by the

Commonwealth. The decision of the Panel shall be advisory to the parties in this Agreement.

ARTICLE 35

DISCHARGE, DEMOTION, SUSPENSION, AND DISCIPLINE

Section 1. The Employer shall not demote, suspend, discharge or take any action against an

employee without just cause. A demotion, suspension or discharge may be appealed beginning at

the third step of the grievance procedure, subject to any conditions set forth in the grievance

procedure. Other disciplinary action may be appealed beginning at the first step of the grievance

procedure. The Federation shall be notified in writing by the Employer of any suspension,

discharge or demotion, provided such demotion is the result of a disciplinary action. The

requirements to notify the Federation will not be applicable if the Federation has not informed the

agency or institution in writing of the applicable individual who will act on behalf of the employee

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involved. The failure of the Employer to comply with the preceding notification requirements will

not affect the validity of the action, but will suspend the time period set forth in Step l of Section 2

of Article 22, Grievances and Arbitration, until the notification is received.

Section 2. Any action instituted under Section l of this Article shall be implemented within a

reasonable period of time after the event giving rise to such action or knowledge thereof.

Section 3. The provisions of this Article shall not apply during the initial 180 calendar days of

employment. The probationary period can be extended by written agreement between the

Employer and the Federation for an additional 180 calendar days, during which time Section l shall

not apply. Periods of leave without pay and periods of time during which an employee is using

paid leave to supplement workers’ compensation, shall not count toward the initial 180 calendar

days or any extension period.

Section 4. The Employer and the Federation agree to expand the alternative forms of

discipline in lieu of suspension actions program in accordance with the side letter dated April 27,

2017.

ARTICLE 36

NON-DISCRIMINATION

Section 1. Both the Employer and the Federation agree not to discriminate against any

employee on the basis of race, religious creed, color, gender, marital status, age, national origin,

disability, sexual orientation, Federation membership, AIDS or HIV status, political affiliation, or

gender identity or expression.

ARTICLE 37

PEACE AND STABILITY

Section 1. It is understood that there shall be no strike, as that term is defined under the Public

Employe Relations Act, during the life of this Agreement, nor shall any officer, representative or

official of the Federation authorize, assist or encourage any such strike during the life of this

Agreement.

Section 2. Should a strike occur not authorized by the Federation, the Federation within 24

hours following the request of the Commonwealth shall:

a. Publicly disavow such action by the employees.

b. Advise the Employer in writing that such employee action has not been authorized

or sanctioned by the Federation.

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c. Post notices on all bulletin boards customarily used for posting Federation business

advising employees that it disapproves of such action and instruct them to return to

work immediately.

Section 3. The Commonwealth will not engage in any lockout during the life of this

Agreement.

ARTICLE 38

PROFESSIONAL STATUS

Section 1. The employees in this unit are professional employees in the educational and

cultural fields. As professional employees, it is understood that their work is predominantly

intellectual and varied in character; requires consistent exercise of discretion and judgment; and

requires knowledge of an advanced nature produced by specialized study. Because of the

multitude of jobs within this bargaining unit as well as the variety of task assignments, the

relationship between these professional employees and their supervisors will not always be

uniform. Generally, whenever feasible, certain basic concepts should be present in this

relationship. Among these are the following:

a. The professional employee should perform task assignments with a minimum of

supervision.

b. The professional employee should be given broad discretion in developing

solutions to problems, consistent with the needs of management.

c. A professional employee who is charged with the implementation of a program

should have an opportunity to participate in the planning stages for the program.

d. The professional employee is expected to continually reevaluate a program and to

recommend changes when necessary.

Both parties recognize that the provisions of this Section represent goals and, as such, are

not subject to the grievance and arbitration article.

Section 2. A professional employee who has an academic title shall not be restricted in the use of

such title in the course of his Commonwealth employment.

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ARTICLE 39

MISCELLANEOUS PROVISIONS

Section 1. In the event that any provision of this Agreement is or shall at any time be held to

be contrary to law by a court of last resort of Pennsylvania or of the United States or by a Court of

competent jurisdiction from whose judgment or decree no appeal has been taken within the time

provided for doing so, then such provision shall not be applicable or performed or enforced except

to the extent permitted by law. All other provisions of the Agreement shall remain in full force and

effect. In the event any provision of this Agreement is or shall be held contrary to law as stated

above the parties shall meet within 10 calendar days for the purpose of negotiating a substitute

provision.

Section 2. The Commonwealth and the Federation acknowledge that this Agreement

represents the results of collective negotiations between said parties conducted under and in

accordance with the provisions of the Public Employe Relations Act and constitutes the entire

agreement between the parties for the duration of the life of said Agreement; each party waiving

the right to bargain collectively with each other with reference to any other subject, matter, issue,

or thing whether specifically covered herein or wholly omitted here from and irrespective of

whether said subject was mentioned or discussed during the negotiations preceding the execution

of this Agreement.

Section 3. In the event that any provision of this Agreement requires legislative action to

become effective, including but not limited to the amendment of existing statutes, the adoption of

new legislation, or the granting of appropriations, it shall become effective only as such legislative

action is taken. The parties, however, mutually agree to make recommendations to the Legislature

which may be necessary to give force and effect to the provisions of this Agreement.

Section 4. Employees desiring to transfer to other positions shall submit a written request to

their immediate supervisor stating the reasons for the requested transfer. If the Employer in its sole

discretion agrees to such transfer, the employee shall be entitled to maintain whatever seniority

rights that are appropriate.

Section 5. Policies concerning tobacco use at the work site, including prohibitions against

tobacco use, may be established by the Commonwealth after meet and discuss with the Union.

The Commonwealth shall ensure that tobacco use policies are applied uniformly to all employees

at the work site.

Section 6. The Department of Corrections Drug and Alcohol Policy will be modified as

follows: The scope of testing and cut-off levels shall conform to those established by the U.S.

Department of Health and Human Services in the Mandatory Guidelines for Federal Workplace

Drug Testing Programs.

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Section 7. With respect to Librarians in the Department of Corrections, at no time, including

during institutional lockdown, drills, or limited states of emergencies, will such employees be

assigned to duties on the cell block not normally performed by employees in their job

classification, duties routinely done by Corrections Officers which require inmate supervision, or

maintenance, janitorial, or farm duties normally performed by inmates. They may be assigned

non-library related duties consistent with institution needs, however, assigned duties shall not be

outside the scope of the initial staff training provided to them at the 3-week orientation training

held at the Department of Corrections Training Academy and the yearly Department of

Corrections training requirements. Assignments are to be consistent with all other institutional

treatment and non-custody staff which has received the same level of training.

ARTICLE 40

TREATMENT OF EMPLOYEES

The Employer does not condone harassment of any employee. The burden of

substantiating such an allegation rests with the charging party.

Substantiated instances of such harassment will be remedied by the Employer.

Any grievance or dispute which may arise concerning this issue may be processed in

accordance with Article 22 of this Agreement up to the Bureau of Employee Relations in the

Office of Administration. The Bureau of Employee Relations' decision as to whether or not the

charging party has substantiated that harassment has occurred will be final and binding and shall

not be subject to arbitration. The appropriate remedy will be determined by the Bureau of

Employee Relations, Office of Administration, in its sole discretion.

ARTICLE 41

PRESERVATION OF BARGAINING UNIT WORK

Section 1. The provisions of Sections 1 through 6 of this Article shall apply only to bargaining

unit work performed on July 1, 1996 by employees in the rank and file unit represented by the

Federation in the particular agency affected.

Section 2. a. Except as provided in Section 7, the Employer shall not contract/assign

bargaining unit work included in the scope of Section 1 to independent contractors, consultants or

other non- bargaining unit state employees where (1) such contract/assignment would result in the

layoff or downgrading of an employee or (2) such contract/assignment would prevent the return to

work of an available, competent employee or (3) the duration of the work to be performed under

the contract/assignment is expected to be more than 12 consecutive months or (4) the work is

performed on an annually recurring basis; except for the reasons set forth in Subsection b.

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b. The Employer may contract/assign bargaining unit work described in Subsection a.

for any of the following reasons: (1) legitimate operational reasons resulting in reasonable cost

savings or improved delivery of service, (2) legitimate operational reasons resulting from

technological changes, (3) or where there are insufficient numbers of available, competent

employees on layoff on the applicable recall list within the agency to perform the required work.

Section 3. a. Except as provided in Section 7, the Employer shall not contract/assign

bargaining unit work included within the scope of Section 1 which becomes available as a result of

a retirement, resignation, termination, promotion, demotion or reassignment of an employee to

independent contractors, consultants or other non-bargaining unit state employees except for the

reasons set forth in Subsection b.

b. The Employer may contract/assign bargaining unit work described in Subsection a.

for any of the following reasons: (1) legitimate operational reasons resulting in reasonable cost

savings or improved delivery of service, (2) legitimate operational reasons resulting from

technological changes, (3) or where there are insufficient numbers of available, competent

employees on layoff on the applicable recall list within the agency to perform the required work.

Section 4. The Employer shall provide the Federation with as much advanced notice as

possible of a proposed contract/assignment of bargaining unit work included within the scope of

Section 1 which meets the conditions set forth in Sections 2.a. or 3.a.

Section 5. At each site where a proposed contract/assignment of bargaining unit work is to

occur and provided the work is included within the scope of Section 1 and meets the conditions set

forth in Sections 2.a. and 3.a. local labor/management committees shall meet and discuss over the

reasons for the contract/assignment. At this meeting the Employer shall provide to the Federation

all information it has to support a claim (a) of reasonable cost saving or improved service (b) of

legitimate operational reasons resulting from technological changes, (c) that there are insufficient

numbers of available, competent employees on layoff on the applicable recall list within the

agency to perform the required work, or (d) that the duration of the contract/assignment is not

expected to exceed 12 consecutive months duration. The Federation shall have the opportunity to

provide alternative methods to attaining the Employer's desired result. In the event that the parties

at the local level are unable to resolve the issue, the contract or the assignment made may be

implemented and the matter shall be referred to a committee comprised of the Federation, the

Agency and the Office of Administration. Should the parties be unable to resolve the issue, the

Federation shall notify the Office of Administration in writing of its intent to submit the matter to

the grievance procedure.

Section 6. The Employer agrees to meet and discuss regarding any contract/assignment

involving work of the type traditionally performed by employees covered by the bargaining unit,

but excluded by Section 1 of this Article, upon request of the Federation and presentation by the

Federation of an alternative which may result in reasonable cost savings or improved delivery of

service.

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Section 7. Non-FOSCEP represented state employees may perform bargaining unit work for

the purpose of instruction, illustration, lending an occasional hand or in emergency situations to

carry out the functions and programs of the Employer or maintain the Employer's standard of

service, except as provided in the sideletter between the parties dated November 21, 1996.

Section 8. The Employer and the Federation acknowledge the above represents the results of

negotiations conducted under and in accordance with the Public Employe Relations Act and

constitutes the full and complete understanding regarding the issues of contracting out and transfer

of bargaining unit work.

ARTICLE 42

COMMITTEE ON POLITICAL EDUCATION DEDUCTIONS

Section 1. The Employer agrees to deduct from the paycheck of employees covered by this

Agreement voluntary contributions to the Federation's Committee on Political Education. The

Employer shall make such deductions only in accordance with the written authorization of

respective employees which shall specify the amount, frequency and duration of the deductions.

Section 2. The Employer shall transmit the monies deducted in accordance with this Article to

the Federation's Committee on Political Education in accordance with the procedures agreed to by

the Employer and the Federation.

Section 3. The Federation shall reimburse the Employer for the Employer's actual cost for the

expenses incurred in administering this Article.

Section 4. The Federation shall indemnify and hold the Commonwealth harmless against any

and all claims, suits, orders, or judgments brought or issued against the Employer as a result of the

action taken or not taken by the Employer under the provisions of this Article.

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